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HomeMy WebLinkAbout11141990NOVEMBER 14~ 1990 REGULAR CITY COUNCIL DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 11/14/90 Agenda 7. PUBLIC HEARING, FINAL ACTION 90.198 ORDINANCE NO. 0-90-10 - Alcoholic Beverages - Hours of Sales 1. 0-90-10 90.249 ORDINANCE NO. O-90-14 - Convenience Store Security 1. City Manager Letter dated 10/29/90 2. 0-90-14 90.257 C. RESOLUTION NO. R-90-44 - Golf Course Rates - 2nd Draft 1. Staff Recommendation dated 11/8/90 2. R-90-44 (2nd Draft) 9. CONSENT AGENDA AL ~ of Minutes 1. 10/24/90 Regular Meeting 2. 11/7/90 Workshop (Council and Manager Packets Only) 90.225 RESOLUTION NO. R-90-45 - Communications Workers of America Contract 1. City Manager Recommendation dated 11/7/90 2. R-90-45 Contract Under Separate Cover (Council 0nly) 90.260 Approve Purchase of Airport Security Lighting 1. Staff Recommendation dated 11/8/90 90.261 Cancel December 5, 1990 City Council ~ and December 26, 1990 Regular Meeting (no backup) 90.230 Board of Adjustment - Accept Resignation of Louis Priore 1. Staff Recommendation dated 10/29/90 2. Priore Letter dated 10/12/90 90.230 90.262 ~ ~ '.'{~. ~,,,.. 90.263 90.264 90.265 90.266 90.253 90.267 F. R. appointment of Board of Adjustment Members 1. Staff Recommendation dated 10/29/90 2. City Clerk Memo dated 10/15/90 3. Matthews Letter dated 8/2/90 4. Stephenson Letter dated 8/2/90 5. Shields Letter dated 8/2/90 6. Heinicke Letter dated 8/2/90 7. Husk Letter dated 8/2/90 Waiver of Bidding Procedure - Authorize City ~er to Sign O Den Purchase Orders for Purchase of Electricit~, ~ Fuel and Golf Course Handicap ~ Lease 1. Staff Recommendation dated 10/25/90 Waiver of Biddin~ Procedure_- Cit~ Clerk Purchase of Two Workstations - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - 2519.68 1. Staff Recommendation dated 10/24/90 Waiver o.~ ~ Procedure - City Clerk Purchase of One Workstation - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) L ~468.31 1. Staff Recommendation dated 11/7/90 Bid Award - Golf Ball Diving Concession - Treasure Coast Golf Co. - S.25 Per Used Ball 1. Staff Recommendation dated 10/25/90 2. Bid Tabulation Form 3. Interim GC Manager Memo dated 10/25/90 Bid Award - Golf Course - 5-Gang Mower - Hector Turf, Deerfield Beach - $18,895 1. Staff Recommendation dated 10/26/90 2. Bid Tabulation Form Waiver of Bidding Procedure - Yacht Club Resurfacin~ - Indian River County CommoditY Service Contract - Martin Paving - ADDroximately $3000 1. Staff Recommendation dated 11/7/90 2. IRC Memo dated 9/28/90 3. IRC Bid Tabulation Form Teens Against Boredom - R.guest Fee Waiver for Use of Community Center (Dances) and Yacht Club (Board Meetin~s) 1. Staff Recommendation dated 10/29/90 2. Letter from Jenkins dated 10/17/90 3. Reservation Forms for Community Center and Yacht Club 2 90.207 90.268 90.011 90.248 90.149 90.058 90.269 90.270 90.271 90.272 12. Ne The Craft Club of Sebastian - Request Additional Date for Show in Riverview Park - 12/2/90 1. Staff Recommendation dated 10/29/90 2. Letter from Wise dated 10/25/90 ~ for Community Center - Judah Benefit - ~18/90_- Noon t__o ~ p.m. - A/B - Permittee Grover Gibson DOB 9/13/62 - Security Paid 1. Application OLD BUSINESS Department o__f Environmental Regulation - Consent Order - Alleged Asbestos Violation 1. Staff Recommendation dated 11/6/90 2. Consent Order RESOLUTION NO. R-90-46 - Chessers Gap PUD Preliminar~ Plat Approval 1. Staff Recommendation dated 11/8/90 2. R-90-46 13. NEW BUSINESS ORDINANCE NO. O-90-13 - Subdivision Access 1. Staff Recommendation dated 10/24/90 2. 0-09-13 Be ORDINANCE NO. O-90-15 - Accessory ~uildings 1. Staff Recommendation dated 9/19/90 2. O-90-15 Ce RESOLUTION NO. R-90-47 - Golf Course Starters and ~ers Job Description 1. Staff Recommendation dated 11/8/90 2. R-90-47, Job Description Establish Salary Level for Starter/Ranger, Head Starter and Head Ranger 1. Staff Recommendation dated 11/8/90 2. DeLarme Memo dated 11/8/90 17. CITY MANAGER MATTERS Concur with City Manager Appointment of James F. DeLarme as Golf Course Pro-Manager 1. City Manager Recommendation dated 11/6/90 2. City Manager Letter dated 11/6/90 3. DeLarme Resume Point-O-Woods Subdivision - Streets and Draigage 1. City Manager Recommendation dated 11/5/90 2. Mosby Letter dated 10/11/90 3. McClary Letter dated 8/1/90 3 ~~The following is a list of actions taken at the November 14, 1990 Workshop. 90.198 - ORDINANCE NO. 0-90-10 - Alcoholic Beverages - Hours of Sales - adopted - sign, seal - copy to P.D., Municipal Code Corporation w/ cover letter, original file, black book, City Attorney - blueback original - file with other 90 originals - file backup w/ 90 backup - update 0-90 in computer - Kay - do you want this sent to those places that sell alcoholic beverages or will it be in the paper 90.249 - ORDINANCE NO. O-90-14 - Convenience Store Security - adopted - sign, seal - copy to P.D., Municipal Code Corporation w/ cover letter, original file, black book, City Attorney, state legislators??? - blueback original - file with other 90 originals - file backup w/ 90 backup - update 0-90 in computer - Kay - do you want this sent to convenience or will it be in the paper 90.257 - RESOLUTION NO. R-90-44 - Golf Course Rates - 2nd Draft - adopted - sign, seal - copy to GC, Finance, original file, black book, City Attorney - blueback original file with other 90 originals - file backup w/ 90 backup - update R-90 in computer Approval of Minutes - 10/24/90 Regular Meeting, 11/7/90 Workshop - sign, seal - place in book 90.225 - RESOLUTION NO. R-90-45 - Communications Workers of America Contract - adopted - sign, seal - make one copy of agreement for our files - mail three original agreements to CWA for signature w/ cover letter and copy of resolution - they'll send back two - one to Manager - one to Clerk - when returned file our ori§inal agreement in contracts or leave it for me because it has to replace the one that's in there now - blueback and file the original resolution with 90 originals with notation that agreement is filed with contracts - file the backup with other 90 backups - copy all to black book, City Attorney - update R-90 in computer 90.260 - Approve Purchase of Airport Security Lighting - approved - copy minutes to JVA, Finance - file airport 90.261 - Cancel December 5, 1990 City Council Workshop and December 26, 1990 Regular Meeting - approved - post notices on board - ask Pat to do public service notice 90.230 - Board of Adjustment - Accept Resignation of Louis Priore - accepted - letter to Priore - copy minutes to Board - update \ws-files\handbook - make notation on Commission on Ethics form for financial disclosure - file boards 10. 11. 12. 13. 14. 15. 16. 17. 18. 90.230 - Reappointment of Board of Adjustment Members Reappoint Gale Matthews to 11/91 - Joseph Stephenson to 10/91 - Walter Shields to 5/92 - Mary Heinicke to 4/92 James Husk as Regular Member to 5/91 - appointed - letters to all members with 90 Government in Sunshine manual - copy minutes to Board - update \ws-files\handbook - file boards 90.262 - Waiver of Bidding Procedure - Authorize City Manager to Sign Open Purchase Orders for Purchase of Electricity, Telephone, Fuel and Golf Course Handicap Computer Lease - approved - copy minutes to Finance - file 90 purchases 90.263 - Waiver of Bidding Procedure - City Clerk Purchase of Two Workstations - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - $4,519.68 - letter to Datum Filing Systems, Inc. - approved - copy minutes to Finance - file 90 purchases 90.264 - Waiver of Bidding Procedure - City Clerk Purchase of One Workstation - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - $2,468.31 - letter to Datum Filing Systems, Inc. - approved - copy minutes to Finance - file 90 purchases 90.265 - Bid Award - Golf Ball Diving Concession - Treasure Coast Golf Co. - $.25 Per Used Ball - approved - letter to TCGC and all bidders - copy minutes to Finance and GC - file 90 purchases 90.266 - Bid Award - Golf Course - 5-Gang Mower - Hector Turf, Deerfield Beach - $18,895 approved - letter to Hector and all other bidders - copy minutes to Finance and GC - file 90 purchases 90.253 - Waiver of Bidding Procedure - Yacht Club Resurfacing - indian River County Commodity Service Contract - Martin Paving - Approximately $3000 - approved - copy minutes to Finance and PW - file 90 purchases 90.267 - Teens Against Boredom - Request Fee Waiver for Use of Community Center (Dances) and Yacht Club (Board Meetings) - approved waiver bu~ requests need ~o be made before each use - See Kay before writing Le~er ~o TAB 90.207 - The Craft Club of Sebastian - Request Additional Date for Show in Riverview Park - 12/2/90 - approved - Linda 90.268 - Request for Community Center - Judah Benefit - 11/18/90 - Noon to 6 p.m. - A/B - Permittee Grover Gibson DOB 9/13/62 - Security Paid - approved - Linda 19. 20. 21. 22. 23. 24. 25. 26. 90.011 - Department of Environmental Regulation - Consent Order - Alleged Asbestos Violation - have signed, sealed - I don't know what has to be done with this - ask Robb or Carol 90.248 - RESOLUTION NO. R-90-46 - Chessers Gap PUD Preliminary Plat Approval - adopted - sign, seal - record original - copy to black book, file, Sebastian General Partnership, BFT, Bruce, P & Z - blue back original when returned - file w/ 90 originals - file backup with Chessers Gap PUD files in vault - leave for me - file needs to be put in side tab file - update R-90 in computer 90.149 - ORDINANCE NO. 0-90-13 - Subdivision Access - 1st reading - accepted - advertise ph on 11/28/90 for 12/12/90 90.058 - ORDINANCE NO. O-90-15 - Accessory Buildings - 1st reading - accepted - advertise ph on 11/28/90 for 12/12/90 90.269 - RESOLUTION NO. R-90-47 - Golf Course Starters and Rangers Job Description - adopted - sign, seal - copy to black book, file, all holders of Standard Operating Procedures, GC - blue back original file w/ 90 originals - file backup w/ 90 backup - update R-90 in computer 90.270 - Establish Salary Level for Starter/Ranger, Head Starter and Head Ranger - approved ???? 90.271 - Concur with City Manager Appointment of James F. DeLarme as Golf Course Pro-Manager - appointed - copy employment agreement to him w/ minutes page - copy minutes to Finance - 90.272 - Point-O-Woods Subdivision - Streets and Drainage - I don't know what happens with this Add whatever else they do. If I left anything out - oops! See you guys on the 19th. 19. 20. 21. 22. 23. 24. 25. 26. 90.011 - Department of Environmental Regulation - Consent Order - Alleged Asbestos Violation - have signed, sealed - I don't know what has to be done with this - ask Robb or Carol 90.248 - RESOLUTION NO. R-90-46 - Chessers Gap PUD Preliminary Plat Approval - adopted - sign, seal - record original - copy to black book, file, Sebastian General Partnership, BFT, Bruce, P & Z - blue back original when returned - file w/ 90 originals - file backup with Chessers Gap PUD files in vault - leave for me - file needs to be put in side tab file - update R-90 in computer 90.149 - ORDINANCE NO. O-90-13 - Subdivision Access - 1st reading - accepted - advertise ph on 11/28/90 for 12/12/90 90.058 - ORDINANCE NO. O-90-15 - Accessory Buildings - 1st reading - accepted - advertise ph on 11/28/90 for 12/12/90 90.269 - RESOLUTION NO. R-90-47 - Golf Course Starters and Rangers Job Description - adopted - sign, seal - copy to black book, file, all holders of Standard Operating Procedures, GC - blue back original file w/ 90 originals - file backup w/ 90 backup - update R-90 in computer 90.270 - Establish Salary Level for Starter/Ranger, Head Starter and Head Ranger - approved ???? 90.271 - Concur with City Manager Appointment of James F. DeLarme as Golf Course Pro-Manager - removed from agenda 90.272 - Point-O-Woods Subdivision.- Streets and Drainage - letter to Randy Mosby Add whatever else they do. If I left anything out - oops! See you guys on the 19th. 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 14, 1990 - ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREETr SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Richard Ratts, Emmanual Baptist Church, Veto Beach 4. ROLL CALL 90.198 5. AGENDA MODIFICATIONS IADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARINGr FINAL ACTION A. ORDINANCE NO. 0-90-10 - Alcoholic Beverages - Hours of Sales AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE HOURS OF SALES OF ALCOHOLIC BEVERAGES PERMITTED ON SUNDAYS; AMENDING SECTION 4-2 TO PROVIDE FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO HAVE THE AUTHORITY TO EXTEND THE HOURS FOR THE SALE OF ALCOHOLIC BEVERAGES ON NEW YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 90.249 90.257 HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/24/90, Advertised 10/31/90, Public Hearing 11/14/90) ORDINANCE NO. O-90-14 - Convenience Store Security (Letter from City Manager dated 10/29/90) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CONVENIENCE STORE SECURITY ORDINANCE; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OR THE CiTY OF SEBASTIAN; PROVIDING FOR DEFINITION; PROVIDING FOR REQUIREMENTS OF CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR THE TRAINING OF EMPLOYEES IN CONVENIENCE STORES; PROVIDING FOR FINES AND PENALTIES FOR VIOLATION; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 10/24/90, Advertised 10/31/90, Public Hearing 11/14/90) Cm RESOLUTION NO. R-90-44 - Golf Course Rates - 2nd Draft (Staff Recommendation dated 11/8/90, R-90- 44) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (PH advertised 11/3/90) 8. PUBLIC INPUT A. Non-A~enda Items - None B. Agenda Items CONSENT AGENDA Approval of Minutes - 10/24/90 Regular Meeting, 11/7/90 Workshop 2 90.225 90.260 90.261 90.230 90.230 90.262 90.263 90.264 Cm RESOLUTION NO. R-90-45 - Communications Workers of America Contract (City Manager Recommendation dated 11/7/90, R-90-45, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING AN EFFECTIVE DATE. Approve Purchase of Airport Security Lighting (Staff Recommendation dated 11/8/90) Cancel December 5, 1990 City Council Workshop and December 26, 1990 Regular Meeting (no backup) Board of Adjustment - Accept Resignation of Louis Priore (Staff Recommendation dated 10/29/90, Priore Letter dated 10/12/90) Reappointment of Board of Adjustment Members (Staff Recommendation dated 10/29/90, City Clerk Memo dated 10/15/90) 1. Reappoint Gale Matthews to 11/91 (Matthews Letter dated 8/2/90) 2. Reappoint Joseph Stephenson to 10/91 (Stephenson Letter dated 8/2/90) 3. Reappoint Walter Shields to 5/92 (Shields Letter dated 8/2/90) 4. Reappoint Mary Heinicke to 4/92 (Heinicke Letter dated 8/2/90) 5. Reappoint James Husk as Regular Member to 5/91 (Husk Letter dated 8/2/90) Waiver of Bidding Procedure - Authorize City Manager to Sign Open Purchase Orders for Purchase of Electricity, Telephone, Fuel and Golf Course Handicap Computer Lease (Staff Recommendation dated 10/25/90) Waiver of Bidding Procedure - City Clerk Purchase of Two Workstations - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - $4,519.68 (Staff Recommendation dated 10/24/90) Waiver of Bidding Procedure - City Clerk Purchase of One Workstation - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - $2,468.31 (Staff Recommendation dated 11/7/90) 3 90.265 90.266 90.253 90.267 90.207 90.268 90.011 90.248 10. 11. 12. Bid Award - Golf Ball Diving Concession - Treasure Coast Golf Co. - 8.25 Per Used Ball (Staff Recommendation dated 10/25/90, Bid Tabulation Form, Interim GC Manager Memo dated 10/25/90) Bid Award - Golf Course - 5-Gang Mower - Hector Turf, Deerfleld Beech - $18,895 (Staff Recommendation dated 10/26/90, Bid Tabulation Form) Waiver of Bidding Procedure - Yacht Club Resurfacing - Indian River County Commodity Service Contract - Martin Paving - Approximately $3000 (Staff Recommendation dated 11/7/90, IRC Memo dated 9/28/90, IRC Bid Tabulation Form) Me Teens Against Boredom - Request Fee Waiver for Use of Community Center (Dances) and Yacht Club (Board Meetings) - (See Backup for Requested 1991 Dates) (Staff Recommendation dated 10/29/90, Reservation Forms for Community Center and Yacht Club, Letter from Jenkins dated 10/17/90) The Craft Club of Sebastian - Request Additional Date for Show in Riverview Park - 12/2/90 (Staff Recommendation dated 10/29/90, Letter from Wise dated 10/25/90) Request for Community Center - Judah Benefit - 11/18/90 - Noon to 6 p.m. - A/B - Permittee Grover Gibson DOB 9/13/62 - Security Paid (Application) PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS - None OLD BUSINESS Department of Environmental Regulation - Consent Order - Alleged Asbestos Violation (Staff Recommendation dated 11/6/90, Consent Order) RESOLUTION NO. R-90-46 - Chessers Gap PUD Preliminary Plat Approval A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN (PLAT) FOR A PUD(C) COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO 4 90.149 90.058 90.269 13. KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING SINGLE SITE PLAN SUBMISSION; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NEW BUSINESS A. ORDINANCE NO. O-90-13 - Subdivision Access (Staff Recommendation dated 10/24/90, O-09-13) FIRST READING, SET PUBLIC HEARING 12/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING ACCESS TO SUBDIVISIONS; AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND EGRESS TO MAJOR SUBDIVISIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-90-15 - Accessory Buildings (Staff Recommendation dated 9/19/90, O-90-15) FIRST READING, SET PUBLIC HEARING 12/12/90 AN ORDINANCE OF THE CITY OF' SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ACCESSORY BUILDINGS; AMENDING SECTION 20A-5.7 OF THE LAND DEVELOPMENT CODE TO REGULATE THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING HEIGHT RESTRICTIONS FOR ACCESSORY STRUCTURES; PROVIDING AREA LIMITATIONS FOR ACCESSORY STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OF PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-90-47 - Golf Course Starters and Rangers Job Description (Staff Recommendation dated 11/8/90, R-90-47, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF GOLF COURSE STARTER/RANGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 90.270 14. 15. 16. 17. Establish Salary Level for Starter/Ranger, ,Head Starter and Head Ranger (Staff Recommendation dated 11/8/90, DeLarme Memo dated 11/8/90) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS 90.271 A. 90.272 B. Concur with City Manager Appointment of James F. DeLarme as Golf Course Pro-Manager (City Manager Recommendation dated 11/6/90, City Manager Letter dated 11/6/90, DeLarme Resume) Point-O-Woods Subdivision - Streets and Drainage (City Manager Recommendation dated 11/5/90, Mosby Letter dated 10/11/90, McClary Letter dated 8/1/90) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286.0105 F.S.) 6 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 14, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA. Mayor Conyers called the meeting to order at 7:02 PLEDGE OF ALLEGIANCE was recited. ~ INVOCATION - Reverend Richard Ratts, Em~nual Baptist Church, Vero Beach 4. ROLL CALL Present: Also pres~: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Interim Golf Course Manager, Jim DeLarme Secretary, Eunice Mercier City Clerk, Kathryn M. O'Halloran Regular City Co~cil MeetinG November 14, 1990 PaGe Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) The City ManaGer requested that Item 17A (90.271) be withdrawn from this agenda. Concur with City ManaGer A_p~pointment of James F. DeLarme as Golf Course Pro- ManaGer. The Council was in agreement. He stated that he would advise the Council when, in fact, he makes the appointment. Mayor Conyers recognized the fact that there were many teens and their parents in the audience and at this time the City Council addressed the fact of the Library beinG as a center. Concerned old used teen was express relative to the location on a busy int '. Mayor ConyersLnoted that the City ~ager stat~ there ma~_e some money available to use at the proposed Teen Center. Vice Mayor Oberbeck stated that he had been approached by a property owner in the community who may be willinG to furnish the land for a teen center to be built on. This person would like to know ~ a~ the particulars of the programs the teens have in mind. Mayor Conyers recognized Becky Snyder who thanked the Council for their help and consideration and agreed to have a meetinG with the City ManaGer in the near future. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Vice Mayor Oberbeck announced that the Brevard County Youth Football Association will hold a "Super Bowl" on Saturday, November 17, 1990 at the Barber Street Sports Complex startinG at 9 a.m. and the last game commencinG by 3 p.m. Regular City Council Meeting November 14, 1990 Page Three 90.198 PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. 0-90-10 - Alcoholic Beverages - Hours of Sales AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE HOURS OF SALES OF ALCOHOLIC BEVERAGES PERMITTED ON SUNDAYS; AMENDING SECTION 4-2 TO PROVIDE FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO HAVE THE AUTHORITY TO EXTEND THE HOURS FOR THE SALE OF ALCOHOLIC BEVERAGES ON NEW YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/24/90, Advertised 10/31/90, Public Hearing 11/14/90) The City Attorney read the Ordinance by title only. The Mayor opened the Public Hearing at 7:20 p.m. The following citizens spoke in favor of the Ordinance: Ron Harsh, 986 Montrose; George Reid, 202 Delmonte; Jim Hoffman, 117 Landover. The fOllowing citizens spoke in opposition of the Ordinance: Harold Lee (Rev.), 733 Schumann; Doris Troup representing MADD. Mayor Conyers closed the Public Hearing at at 7:32 p.m. After discussion among the Council members: MOTION by McCullen/Rondeau Move to adopt Ordinance 0-90-10. 3 Regular City Council Meeting November 14, 1990 Page Four ROLL CALL: Mayor Conyers aye Councilman McCollum aye Vice Mayor Oberbeck .no Councilman Powell no Councilman Rondeau aye MOTION CARRIED 3-2 (Oberbeck, Powell - no) 90.249 B. ORDINANCE NO. O-90-14 - Convenience Store Security (Letter from City Manager dated 10/29/90) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CONVENIENCE STORE SECURITY ORDINANCE; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OR THE CITY OF SEBASTIAN; PROVIDING FOR DEFINITION; PROVIDING FOR REQUIREMENTS OF CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR THE TRAINING OF EMPLOYEES IN CONVENIENCE STORES; PROVIDING FOR FINES AND PENALTIES FOR VIOLATION; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/24/90, Advertised 10/31/90, Public Hearing 11/14/90) The City Attorney read the Ordinance by title only. Mayor ConyeK)opened the Public Hearing at 8:45 p.m. The City Attorney explained the intent of the Ordinance. Mayor Conyers closed the Public Hearing at 8:46 p.m. MOTION by Oberbeck/Powell I move we adopted Ordinance O-90-14 - Convenience Store Security. ROLL CALL: Councilman McCollum aye Vice Mayor Oberbeck aye Councilman Powell aye Councilman Rondeau aye Mayor Conyers aye MOTION CARRIED UNANIMOUSLY. 4 Regular City Council Meeting November iR 1990 Page Five 90.257 C. RESOLUTION NO. R-90-44 - Golf Course Rates - 2nd Draft (Staff Recommendation dated 11/8/90, R-90- 44) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER' COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (PH advertised 11/3/90) Resolution No. R-90-44 was read by title only by the City Attorney. Mayor Conyers opened the Public Hearing at 8:48 p.m. A1Vilardi, 445 Georgia Boulevard questioned the increase in rates and was informed by the City Manager there were no increases. Sal Neglia, 461 Georgia Boulevardlquestioned the title of the Resolution. The Cit~ Attorney replied. The Mayor closed the Public Hearing at 8:50 p.m. MOTION by Oberbeck/Rondeau I move we approve Resolution R-90-44 - Golf Course Rates. ROLL CALL: Vice Mayor Oberbeck aye Councilman Powell aye Councilman Rondeau aye Mayor Conyers aye Councilman McCollum aye MOTION CARRIED UNANIMOUSLY. 8. PUBLIC INPUT 5 Regular City Council Meeting November 14, 1990 Page Six A. Non-Agenda Items - None B. Agenda Items Doris Heard and Dolores Lepere stated that they wished to be heard on Item i?A which was withdrawn this evening. Mrs Heard presented the City Manager with a petition from the Golf Course in favor of hiring Jim DeLarme. The Mayor called a recess at 7:55 p.m. The meeting readjourned at 8:10 p.m. will all members present. 90.225 90.260 90.261 90.230 90.230 9. CONSENT AGENDA Approval of Minutes - 10/24/90 Regular Meeting, 11/7/90 Workshop RESOLUTION NO. R-90-45 - Communications Workers of America Contract (City Manager Recommendation dated 11/7/90, R-90-45, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING' AN EFFECTIVE DATE. Ce Approve Purchase of Airport Security Lighting (Staff Recommendation dated 11/8/90) Cancel December 5, 1990 City Council Workshop and December 26, 1990 Regular Meeting (no backup) Board of Ad3ustment - Accept Resignation of Louis Priore (Staff Recommendation dated 10/29/90, Priore Letter dated 10/12/90) Reappointment of Board of Ad3ustment Members (Staff Recommendation dated 10/29/90, City Clerk Memo dated 10/15/90) 1. Reappoint Gale Matthews to 11/91 (Matthews Letter dated 8/2/90) 2. Reappoint Joseph Stephenson to 10/91 (Stephenson Letter dated 8/2/90) 6 Regular City Council Meeting November 14, 1990 Page Seven 3. Reappoint Walter Shields to 5/92 (Shields Letter dated 8/2/90) 4. Reappoint Mary Heinicke to 4/92 (Heinicke Letter dated 8/2/90) 5. Reappoint James Husk as Regular Member to 5/91 (Husk Letter dated 8/2/90) 90.262 Waiver of Bidding Procedure - Authorize City Manager to Sign Open Purchase Orders for Purchase of Electricity, Telephone, Fuel and Golf Course Handicap Computer Lease (Staff Recommendation dated 10/25/90) 90.263 Waiver of Bidding Procedure - City Clerk Purchase of Two Workstations - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - $4,519.68 (Staff Recommendation dated 10/24/90) 90.264 Waiver of Bidding Procedure - City Clerk Purchase . of One Workstation - Datum Filing Systems, Inc. of Ft. Pierce (GSA Contract) - 82,468.31 (Staff Recommendation dated 11/7/90) 90.265 Bid Award - Golf Ball Diving Concession - Treasure Coast Golf Co. - $.25 Per Used Ball (Staff Recommendation dated 10/25/90, Bid Tabulation Form, Interim GC Manager Memo dated 10/25/90) 90.266 Bid Award - Golf Course - 5-Gang Mower - Hector Turf, Deerfield Beach - $18,895 (Staff Recommendation dated 10/26/90, Bid Tabulation Form) 90.253 Waiver of Bidding Procedure - Yacht Club Resurfacing - Indian River County Commodity Service Contract - Martin Paving - Approximately S3000 (Staff Recommendation dated 11/7/90, IRC Memo dated 9/28/90, IRC Bid Tabulation Form) 90.267 Teens Against Boredom - Request Fee Waiver for Use of Community Center (Dances) and Yacht Club (Board Meetings) - (See Backup for Requested 1991 Dates) (Staff Recommendation dated 10/29/90, Reservation Forms for Community Center and Yacht Club, Letter from Jenkins dated 10/17/90) Regular City Council Meeting November 1~, 1990 Page Eight 90.207 N. 90.268 O. The Craft Club of Sebastian - Request Additional Date for Show in Riverview Park - 12/2/90 (Staff Recommendation dated 10/29/90, Letter from Wise dated 10/25/90) Request for Community Center - Judah Benefit - 11/18/90 - Noon to 6 p.m. - A/B - Permittee Grover Gibson DOB 9/13/62 - Security Paid (Application) Vice Mayor Oberbeck requested that Item 90.267 be removed from the Consent Agenda for further discussion. Teens Against Boredom use of the Community Center and Yacht Club - fee waiver. MOTION by Oberbeck/Rondeau I would move to approve the remaining items on the Consent Agenda withdrawing Item M (90.267). The City Attorney read Resolution No. R-90-45 by title only. ROLL CALL: Councilman Powell aye Councilman Rondeau aye Mayor Conyers aye Councilman McCollum aye Vice Mayor Oberbeck aye MOTION CARRIED UNANIMOUSLY. Vice Mayor Oberbeck questioned the request of the Teens against Boredom for 14 rental requests for the Community Center and 4 rental requests for the Yacht Club. Deborah Jenkins explained that the requests are in advance due to the fact that each approval for fee waiver must go before council. Discussion followed for a blanket fee waiver by Council and a monthly advanced request by TAB. Ardith Hale also was recognized. MOTION by Oberbeck/Powell I move to approve a fee waiver for the use of the Community Center and they be limited to booking the facility one month in advance. 8 City Council Regular Meeting November 14, 1990 Page 9 lO. ROLL CALL: Councilman Rondeau Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell MOTION CARRIED UNANIMOUSLY. PRESENTATIONS - None aye aye aye aye aye 90.011 11. 12. COMMITTEE REPORTS/RECOMMENDATIONS - None OLD BUSINESS Department of Environmental Regulation - Consent Order - Alleged Asbestos Violation (Staff Recommendation dated 11/6/90, Consent Order) The City Manager stated that the City Attorney reviewed consent order. MOTION by McCollum/Oberbeck Move to authorize the Mayor and City Clerk to sign proposed consent order. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell Councilman Rondeau aye aye aye aye aye MOTION CARRIED UNANIMOUSLY. 9 City Council Regular Meeting November 14, 1990 Page Ten 90.248 B. RESOLUTION NO. R-90-46 - Chessers Gap PUD Preliminary Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN (PLAT) FOR A PUD(C) COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF cOUNTy ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING SINGLE SITE PLAN SUBMISSION; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Resolution was read by title only by the City Attorney. MOTION by Powell/McCollum Move to adopt Resolution R-90-46 approving the Preliminary Developmemt Plan for Chesser's Gap Planned Unit Development. The Vice Mayor questioned a legal opinion that was requested and Bruce Cooper replied that it had received verbally, it - ion is forthcoming/ and will be distributed to the Counci ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Councilman Rondeau Mayor Conyers aye aye aye ~ aye MOTION CARRIED UNANIMOUSLY. 10 City Council Regular Meeting November 14, 1990 Page Eleven 90.149 90.058 13. NEW BUSINESS A. ORDINANCE NO. 0-90-13 - Subdivision Access (Staff Recommendation dated 10/24/90, O-09-13) FIRST READING, SET PUBLIC HEARING 12/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING ACCESS TO SUBDIVISIONS; AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND EGRESS TO MAJOR SUBDIVISIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the Ordinance by title only. MOTION by Oberbeck/Powell Move to approve first reading of Ordinance 0-90- 13 and set the Public Hearing on December 12, 1990~5 ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Rondeau Mayor Conyers Councilman McCollum aye aye aye aye aye MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 0-90-15 - Accessory Buildings (Staff Recommendation dated 9/19/90, 0-90-15) FIRST READING, SET PUBLIC HEARING-'12/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ACCESSORY BUILDINGS; AMENDING SECTION 20A-5.7 OF THE LAND DEVELOPMENT CODE TO REGULATE THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING HEIGHT RESTRICTIONS FOR ACCESSORY STRUCTURES; PROVIDING AREA LIMITATIONS FOR ACCESSORY STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OF PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 11 City Council Regular Meeting November 14, 1990 Page Twelve The City Attorney read the Ordinance by title only for First Reading. MOTION by Oberbeck/Powell Move to approve the First Reading of Ordinance 0- 90-15 and set the Public Hearing for December 12, 1990. The Vice Mayor questioned Item 5 of the Ordinance and asked if the height limit referred to should not be in feet. It was the concensus of all that the ordinance not be changed. ROLL CALL: Councilman Powell Councilman Rondeau Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED UNANIMOUSLY. 90.269 RESOLUTION NO. R-90-47 - Golf Course Starters and Rangers Job Description (Staff Recommendation dated 11/8/90, R-90-47, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF GOLF COURSE STARTER/RANGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITM; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the Resolution by title only. MOTION by McCollum/Rondeau Move to adopt Resolution R-90-47 approving a Job description for Golf Course Starters and Rangers. ROLL CALL: Councilman Rondeau Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED UNANIMOUSLY. 12 City Council Regular Meeting November 14, 1990 Page Thirteen 90.270 D. Establish Salary Level for Starter/Ranger~ Head Starter and Head Ran~er (Staff Recommendation dated 11/8/90, DeLarme Memo dated 11/8/90) Vice Mayor Oberbeck noted that an hourly rate of $5.50 was proposed for Starter/Rangers and $6.25/hr. for Head Ranger or Head Starter. He asked if both categories were part time employees? The City Manager replied in the affirmative. He noted these position would have to be bargained with CWA. Full time benefits would not apply, however there would be some part time benefits. MOTION by McCollum/Powell I move to establish salary levels for Starter/Ranger, Head Starter and Head Ranger. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell Councilman Rondeau MOTION CARRIED UNANIMOUSLY.---~ aye aye aye aye aye 14. MAYOR'S MATTERS None 15. COUNCIL MATTERS A. Vice Mayor Oberbeck None B. Councilman McCollum None C. Councilman Powell None D. Councilman Rondeau None 16. CITY ATTORNEY MATTERS None 17. CITY MANAGER MATTERS 13 90.271 Concur with City Manager Appointment of James F. DeLarme as Golf Course Pro-Manager (City Manager Recommendation dated 11/6/90, City Manager Letter dated 11/6/90, DeLarme Resume) This item has been withdrawn from the agenda. 90.272 Point-O-Woods Subdivision - Streets and Drainage (Cit~ Manager Recommendation dated 11/5/90,.. Mosby Letter dated 10/11/90, McClary Letter dated 8/1/90) The City Manager gave a history of Point-O-Woods. (see summary statement attached) It was the consensus of the Council that the City Manager proceed with the request from the developer for the City to accep~ maintenance responsibility for the streets and drainage within Point-O-Woods subdivision based on the recommendation__°f Randy L. Mosby, P.E. Vice Mayor Oberbeck questioned the fee for Mosby and the City Manager stated that it would be inclusive in the engineering fee; and that the maintenance bond be posted one time for a one- year period. MOTION by Oberbeck/Powell as stated above. Voice Vote on the MOTION carried UNANIMOUSLY. The City Manager was in receipt of a letter dated November 11, 1990 from the Veterans of Foreign Wars and the American Legion requesting that the roadway between the two posts be named "Veterans Memorial Drive". This item was placed on the November 27, 1990 agenda. Councilman Powell questioned the grass on the path at Hardee Park, pavement broken on Main Street and he was assured these items are now under advisement. City Manager reported briefly about the parking lots on City Hall property. He then went on to say that there is $95,000 budgeted for the erection of a garage building and he is working with Mosby and Associates to work on this. He met with George Kul :~f General Development to discuss the City's ongoing street and drainage maintenance in Units 16 and 17, which have not yet been accepted by the City. 14 City Council Regular Meeting November 14, 1990 Page Fifteen He noted that there were tracts of land that were platted residential in Unit 17 but converted to stormwater retention and his concern is that these would be listed as single family dwelling lots as far as land records and they could be sold at tax auction. He is working on getting the property deed to these properties and also Airport Drive, East. Mosby and Associates are compiling a list of assets as an ad~ndum to the City's claim in Federal Bankruptcy Court by December 10th. 18. Being no further business to come before the Council~the meeting ADJOURN at 8:48 p.m. 15 ORDINAN~ NO, O-90-~0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER 4 OF T~R CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND ~ HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED ON SUNDAYS; ANRNDING SECTION 4-2 TO PROVIDE FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO HAVE T~ AUTHORITY TO EXTEND THE HOURS FOR THE SALE OF ALCOHOLIC BEVERAGES ON NEW YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ~~; PROVIDING FOR INCLUSION iN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. That Section 4-2 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 4-2. Prohibited hours of sale. (a) Except as approved pursuant to Paragraph (b) of this Section 4-2, no alcoholic beverages shall be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption, at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, within the city limits of the City of Sebastian, during the following hours of each of the following days: (1) Between the hours of 1:00 a.m. and 7:00 a.m. on Sundays; (2) Between the hours of 12:01 a.m. and 7:00 a.m. on Mondays; (3) Between the hours of 1:00 a.m. and 7:00 a.m. on Tuesdays; (4) Between the hours of 1:00 a.m. and 7:00 a.m. on Wednesdays; (5) Between the hours of 1:00 a.m. and 7:00 a.m. on Thursdays; (6) Between the hours of 1:00 a.m. and 7:00 a.m. on Fridays; (7) Between the hours of 1:00 a.m. and 7:00 a.m. on Saturdays; (b) The City Council may extend the hours of permitted operations of the establishments otherwise licensed by the State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, to sell, serve, offer to sell or offer to serve alcoholic beverages for consumption on their premises on New Year's Day (January first) upon the written request of any person." SECTION 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the city Council of the City of Sebastian, indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. S.~¥ERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman Councilman vote, the vote was as follows: Mayor W. E. Conyers vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The motion was seconded by and, upon being put to a 3 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) i HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public hearing this Ordinance was passed by the city Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 October 29, 1990 VIA FAX Charles I. Nash Attorney At Law 930 South Harbor City Blvd. Riverside Center, Suite 505 Melbourne, FL 32901 Re: Convenience Store Ordinance Dear Charlie: After reviewing the original legislation of Senate Bill 612 regarding convenience store security, we do not find where "tenting" is prohibited. However, we do find where window "tinting" on the window is in fact prohibited. It would seem to me, if possible, we should change our draft ordinance prior to second reading by removing any reference to "tenting". For your information, I have enclose4 a copy of relevant portion of Senate Bill 612. Sincerely, Robbers. McCl~ City Manager RSM/Jmt /nclosure c: Kathryn M. O'Halloran, City Clerk A ORDXITANCE OF THE CXTY OF BEBABTIAN, INDXAN RIVER COUNTY, FLORIDA~ ~PTXNG A CONVENIENCE STORE SECURITY ORDINANCE~ iMPENDING CHAPTER 22 OFT HE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN~ PROVIDING FOR DEFINITION~ PROVIDING FOR REQUIRENENTS OF CONVENIENCE STORE SECURITY MEASURES~ PROVIDING FOR THE TRAINING OF EHPLOYEES iN CONVENIENCE BTORES~ PROVIDING FOR FINESANDPENALTIES FOR VIOL~TION~ PROVIDING FOR iNCLUSION IN TIlE CODE OF ORDINJ~CES OF THECiTY OF SEB~TI~t~ PitOVIDIN~ FOR REPE~ OF ORDINANCES OR PARTS OF ORDIN~ICES IN CONFLICT HEREWITH~ PROVIDING FOR SEVEI~,BILITY~ ~ PROVIDING FOR ~ EFFECTIVE DATE° WHEREAS, the State legislature has found that many convenience stores operating during the night and early morning hours are at risk for robberies; and WHEREAS, the State legislature has further found that certain minimum security requirements are helpful in protecting convenience store employees, and the consuming public, from robbery and injuries; and WHEREAS, the State legislature has mandated that each local government in which a death, serious .injury, or sexual battery has occurred during the commission of a theft or robbery at a convenience store in its jurisdiction within twelve (12) months proceeding September 31, 1990, shall adopt an ordinance for the protection of convenience store employees and the consuming public; and WHEREAS, the City of Sebastian falls within the mandates of the "Convenience Store Security Act" (Chapter 90-346, Laws of Florida) enacted by the State legislature; and WHEREAS, the City of Sebastian wishes to protect the employees and the consuming public of convenience stores, from the risks of death, serious injury, or sexual battery that may occur during the commission of a theft or robbery of a convenience store. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID]t, that: SECTION 1. That Chapter 22 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "'Sec. 22-1. Convenience Definitions. Store - As used in this chapter, the term "convenience store" means any place of business that is engaging in the retail sale of groceries, including the sale of prepared foods, gasoline and services, that is regularly open for business at any time between the hours of 10:00 p.m. and 5:00 a.m., and that is attended during such hours by one employee. The term "convenience store" does not include a store which is solely or primarily a restaurant. Sec. Z2-Z. Convenience Store Security. Each convenience store located within the City of Sebastian shall: 1. Be equipped with a silent alarm that notifies local law enforcement or a private security agency that a robbery is taking place. 2. Be equipped with a security camera system capable of retrieving an image to assist in the identification and apprehension of a robber. 2 3. Be equipped with a drop safe or cash management device that provides minimum access to the facility's cash receipts. 4. Be equipped with a lighted parking lot illuminated at an 'intensity of two foot lighted candles per square foot with the uniformity ratio of no more than 5-1 at ten inches above the surface. 5. Post a conspicuous sign in the convenience store entrance which states that the cash register contains $50.00 or less. 6. Establish a cash management policy to limit the amount of available cash on hand between the hours of 9:00 p.m. and 6:00 a.m. to $50.00 or less. 7. Maintain window signage so that there is a clear and unobstructed view of the cash register and transaction area. 8. Prohibit window tinting on the windows of the establishment if such tinting reduces exterior or interior viewing during the hours of operation to which this chapter is applicable. 9. Install height markers at the inside of the entrance of the establishment which display height measurements from the floor. Sec. 22-3. Training of Employees. a. No later June 30, 1991, the owner or principal operator of a convenience store shall provide proper robbery deterrents and safety training to all employees who work between the hours of 9:00 p.m. and 6:00 a.m. b. The City of Sebastian shall promulgate a program of minimum training for convenience store employees no later than February 1, 1991. 3 February 1, 1991. c. The city of Sebastian's proposed training program shall be forwarded to the attorney general~s office for approval, as required by Chapter 90-346, Laws of Florida, no later than February 1, 1991. d. The City of Sebastian shall have no liability for promulgating a minimum program of training required under this section. e. The Cityts program shall, at a minimum, require the training and familiarization of store employees with the store~s security principals, devices, and measures as required by this chapter. Sec. 22-4. Fines and Penalties. a. Violations of any of the provisions of this chapter shall be punishable as provided in Section 1-10 of the Code of Ordinances of the City of Sebastian. b. The City of Sebastian may obtain injunctive relief to restrain or prohibit any violation of this chapter. c. The occupational license for any establishment may be revoked by the City Council upon proof of willful violation of this chapter. d. In addition, failure to meet the requirements of this chapter, within ten (10) days after written notice of a non- compliance by the City of Sebastian, shall result in a fine not to exceed $5,000.00. Any fine imposed pursuant to this section may be recoverable through an action at law at any time after said fine 4 is imposed. e. In addition, any willful or deliberate violation of the requirements of this chapter shall result in a fine of $5,000.00. Any fine imposed pursuant to this section shall be recoverable through an action at law at any time after said fine is imposed." SECTION 2. CODIFICATION. It is the intention of the city Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 5. EFFECTI.VE DATE. This Ordinance shall take effect immediately upon final passage. 5 The foregoing Ordinance was moved for adoption by Councilman Councilman the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA The motion was seconded by and, upon being put to a vote, ATTEST: BY: W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on day of , 1990, and that the following said public hearing on this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Charles Ian Nash, City Attorney 6 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECTt Golf Course Rates Approved For Submittal By= Agenda No. ~ of Ori~in~ GC (JD) Date 9ubmitte4~. 11/08/90 For~Of: .[.~/14/90 ~xhlbits - Resolution No. R-90-44 EXPENDITURE REQUIRED= ~OUBT BUDGETED APPROPRIATION P, EQO'rRED: STATEMENT The city Council reviewed Golf Course rates at its Workshop Meeting of November 7, 1990. At that time, the City Council indicated there was insufficient justification for an increase of rates at this time. Since the current rate resolution expires on November 15, 1990, the City Council should adopt a resolution continuing the rates until such time as there may be proper justification submitted for any increase. Therefore, the attached resolution continues the current rates for the period of November 15, 1990 to November 14, 1991. Additionally, Section 12.5 - 3 of the City .Code provides that rates are to be established by resolution of the City Council following one (1) public hearing. This meeting (11/14/90) is advertised as a public hearing for consideration of the rate resolution. RECOMMENDED ACTION Move to approve Resolution No. R-90-44. RESOLUTION NO. R-90-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 12.5-3 of the Code of Ordinances of the City of Sebastian provides that modifications of golf course rates shall be established by resolution of the City Council following one public hearing; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That rates, including greens fees and golf cart fees, for the Sebastian Municipal-Golf Course are hereby established as follows: "NOVEMBER 15, 1990 THROUGH DECEMBER .%4., 1990 DAILY RATES TYPE OF PLAYER 18 HOLES 9 HOLES CONDITIONS Non-Member $18.00 Sll. O0 Non-Member S12.00 S 9.00 Non-Member $ 9.00 After 1:00 P.M. After 3:00 P.M. Non-Member- Walking $ 9.00 Flag S12.00 Member-Cart $ 8.00 S 6.50 $ 5.00 After 1:00 P.M. Thru April 14, 19 Member-Walking $ 0.00 $0.00 After 1:00 P TYPE OF PLAYER DECEMBER 15, 1990 THROUGH JANUARY ~ 1991 DAILY RATES 18 HOLES 9 HOLES CONDITIONS Non-Member $22.00 815.00 Non-Member $16.00 S13.00 Non-Member Sll.00 Non-Member-Walking $13.00 S10.00 Flag 812.00 Member-Walking S 0.00 $ 0.00 After 1:00 P.M. After 3:00 P.M. After 1:00 P.M. After 1:00 P.M. TYPE OF PLAYER Non-Member Non-Member Non-Member Non-Member-Walking Member-Walking JANUARY 15~ 1991 THROUGH APRIL 1,~,~ 1991 DAILY RATES 18 HOLES 9 HOLES CONDITIONS 827.00 $20.00 el8.00 S 0.00 817.00 813.00 813.50 $ 0.00 After 1:00 P.M. After 3:00 P.M. After 2:00 P.M. After 2:00 P.M, 2 TYPE OF PLAYER Non-Member Non-Member APRIL 15, 1991 THROUGH NOVEMBER 14, 1991 DAILY RATES 18 HOLES S16.00 812.00 9 HOLES el0.00 8 9.0O S 9.OO $ 5.00 $11.00 8 8.00 Non-Member $12.00 Non-Member $ 9.00~ Non-Member-Walking Non-Member $ 9.00 818.00 Non-Member-Walking 812.00 Ail Special Cards Members Carts Members Walking 812.00 S 6.0O 8 0.00 8 5.00 $ 0.00 ALL REPLAYS ARE AT CART RATE ONLY. CONDITIONS Weekdays Weekdays before 8:00 A.M. After 12:00 Noon Weekdays After 5:00 P.M. Weekdays Ail day Weekdays Weekend and Holiday Rates After 1:00 P.M. Weekends Everyday Weekdays anytime Weekends After 1:00 P.M. GROUP RATES WEEKDAYS 812.00 9 Hole League - $ 6.00 WEEKENDS S16.00 After 4:30 P.M. Weekdays Only PGA MEMBER A PGA Member or Certified Greens Superintendent may play one (1) time per calendar year free of greens fee. 3 Members can obtain non-member tee times one day in advance. SECTION 2. Commencing December 1, 1990, the annual membership fees for the Sebastian Municipal Golf Course shall be as follows: "ANNUAL MEMBERSHIP FEES Sebastian Resident MembershiR Fee Tax Total Family $700.00 $ 49.00 $749.00 Single $550.00 $ 38.50 $588.50 Non-Resident Membership Fee Tax Total Family $800.00 $ 56.00 $856.00 Single $650.00 $ 45.50 $695.50 Ail new memberships have an initiation fee of $150.00 plus $10.50 sales tax. INITIATION FEE IS NON-REFUNDABLE Proof of Sebastian residency is required for all new membership applications. Handicap Fee (per person) $ 10.00 $ .70 Locker Fee (per person) $ 30.00 $ 2.10 Club Storage Fee (per person) $ 40.00 $ 2.80 $ 10.70 $ 32.10 $ 42.80" SECTION 3. The hours and conditions set forth in Section One may be adjusted at the discretion of the Golf Course Manager, due to amount of play and area competitive conditions. SECTION 4. Ail Resolutions or parts of Resolutions in conflict herewith are repealed. 4 ~SECTION 5. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Richard B. Councilman...RobertL. McC6~'I~m"t> Councilm~': Frank This resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1990. ATTEST: Kathryn M. O'Halloran, (Seal) Richard B. ~Votapka, ~...,a~ 5 I HEREBY CERTIFY that notice of public hearing on this Resolu~ was published in the Veto Beach Press Journal on the day of 1990, that one public hearing was held on this Resolution at 7~00 p.m. on the__day of , 1990, and that following said public hearing, this Resolution was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 6 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r-', FAX (407) 589-5570 M E M 0 TO: FROM: SUBJECT: DATE: Mayor Conyers, City Council, City Manager, City Attorney Kathryn O'Halloran, City Clerk ~'~ Resolution R-90-44 November 14, 1990 The City Attorney has called to my attention that page 5 of Resolution R-90-44 is in error. Attached is a corrected page 5. I am sorry of any inconvience caused you by this oversight. Thank you. KO:lml Attachment SECTION 5. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau This resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1990. ATTEST: by: CITY OF SEBASTIAN, FLORIDA W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: CWA Agreement Approved For Submittal City Manager ~C agena& No. Dept. of Origin: ~ Manaaer Date Submitted: 11/07/90 For Agenda of: 11/14/90 Exhiblts~ - Resolution R-90-45 - CWA Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: BUMMAEY STATEMENT The three (3) year agreement between the City and the Communications Workers of America ("CWA") local 3180, expired on September 30, 1990. Subsequently, 'the City and the CWA negotiated a new three (3) year agreement, which is attached. The CWA ratified this agreement on October 12, 1990. RECOMMENDED ACTION Move to approve Resolution R-90-45 adopting an employment agreement between the City and the CWA for a three (3) year period commencing on October 1, 1'990 and ending September 30, 1993. RESOLUTION NO. R-90-45 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Communications Workers of America is certified by the Florida Public Employees Relations Commission as the bargaining unit for certain cit~ employees; and WHEREAS, the City and the Communications Workers of America have negotiated a new three year agreement commencing on October 1, 1990 and ending September 30, 1993; and WHEREAS, the City and the Communications Workers of America have reached agreement on said contract. NOW, THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The document entitled "Collective Bargaining Agreement between City of Sebastian, Florida and Communications Workers of America (Local 3180) ", which document is attached hereto and made a part hereof as Exhibit "A" is hereby adopted as the employment agreement between the City of Sebastian and the Communications Workers of America for those employees covered in said agreement and employed by the City, for the period commencing on October 1, 1990 and ending on September 30, 1993. 1 SECTION 2. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Lloyd Rondeau Councilman Robert L. McCollum Councilman Lonnie Powell The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA By: W.E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles ian Nash, City Attorney 2 City of Sebastian ! PO, ST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32976 TELEPHONE (40?) 589-5330 FAX 407-589-5570 FROM DATE: SUBJECT: Reappointment to Board o mi Adjustment ,~] to be reappointed t m O tile Board o,[ Adjustment for all additional three-year term. Il have ~o,'ved o,, tl,i. Board since .[979, I / ) ~ { I ~ .... J. [ { ~ I //{ [ [ . /. ~ ~d~ ., . City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Board of Adjustment Louis Priore Resignation APPROVED FOR SUBMITTAL BY: City Manager:~ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) 1o,/29/9Q .... 11/14/90 Exhibits: Priore Letter dated 10/12/90) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Subsequent to a review of Board of Adjustment members' terms for reappointment, a letter of resignation from Louis Priore was received. RECOMMENDED ACTION Move to accept the resignation of Louis Priore from the Board of Adjustment. City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 929?8 TELEPHONE (407) 6B§-8330 FAX 401-509-5570 SUBJECT:Airport Security Lighting Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) ) Finance (LWN) 11/8/90 11/14/90 EXPENDITURE REQUIRED: $2,600. approx. AMOUNT BUDGETED: -9- APPROPRIATION REQUIRED: yes SUMMARY STATEMENT The Airport Manager wishes to install four (4) 400 watt HPS sodium power flood lights for security purposes. The two (2) poles, ditching, pavement cut,covering and repaying will be supplied by the City at an approximate cost of $700. There have been four (4) proposals solicited for' the electrical work from local contractors with an approximate cost of $1,900. The total project will be some $2,600. and above the bid limit of $2,000. but the fact that some of the work is being performed in house section 2-63 (c), prohibition against subdivision, of the city code will not be violated and the project will not have to be bid. It will, however, as a matter of policy,need the approval of City Council. RECOMMENDED ACTION Move the Airport security lighting project be approved and the City Manager be given authority to proceed with the project. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Board of Adjustment Reappointments APPROVED FOR S~:L City Manager: Agenda No. Dept. Origin 90. 230 Date Submitted 10/29/90 For Agenda Of 11/14/90 Exhibits: City Clerk Memo dated 10/15/90 Letters from Matthews, Stevenson, Shields, Heinicke and Husk EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Subsequent to a review of Board of Adjustment members' terms, input from members regarding their reappointments and adjustment of terms from original appointment, I am recommending that reappointments be made as follows: Member Term Expiration Gale Matthews .................. 11/91 Josephson Stephenson ............ 4/91 Walter Shields .................. 5/92 Mary Heinicke ................... 4/92 James Husk ...................... 5/91 In addition, Mr. Husk has requested to be reappointed as a regular member upon the acceptance of the resignation of Louis Priore. REC01V~IENDED ACTION Move to reappoint members as recommended by the City Clerk and move James Husk to the regular member position. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 Mayor,. Council Members and City Manager Kathryn M. O'Halloran, City Clerk BOARD OF ADJUSTMENT October 15, 1990 * * * . . The following is a list of the Board of Adjustment members and the date of their last and/or original appointment. Had the members been reappointed by the City Council as set forth in the Land Development Code, Section 20A-11.2 the following would be the year in which their terms would have expired: Gale Matthews Louis Priore Joseph Stephenson Walter Shields Mary Heinicke James Husk, Alternate 1991 1991 April 1991 May 1992 April 1992' May 1991 Attached please find copies of letters from some Board members, solicited by Bruce Cooper, expressing their willingness to be reappointed. Also see enclosed a letter of resignation from Louis Priore. It would be my ~uggestion that after a Board of Adjustment is seated the board ~hould hold a reorganizational meeting to enable the members to vote among their ranks for a chairman and vice- chairman. They should also, at this time, establish a time certain - annually - to hold a reorganizational meeting. * Note: I have spoken to Mary Heinicke and she is amenable to extend her term to 1992 for continuity. This way the Board of Adjustment members will have overlapping terms. bd.adJ.October 15, 1990 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5b'70 TO: FROM: DATE: Sebastian City Council Gale Matthews, Chairman Board of Adjustment August 2, 1990' SUBJECT: Reappointment to Board of Adjustment I wish to be reappointed to the Board of Adjustment for an additional three-year term. I have served on this Board since 1982. GM:jk City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5b'70 TO: FROM: DATE: Sebastian City Council Joseph Stephenson Board of Adjustment August 2, 1990 SUBJECT: Reappointment to Board of Adjustment I wish to be reappointed to the Board of Adjustment for an additional three-year term. i have served on this Board since April 10, 1985. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN. FLORIDA 32978 TELEPHONE (407) $89-5330 FAX 407-589,-5570 TO: FROM: DATE: Sebastian City Council Walter Shields Board of Adjustment~ August 2, 1990 SUBJECT: Reappointment to Board of Adjustment I wish to be reappointed to the Board of Adjustment for an additional three-year term. I have served on this Board since May 21, 1980. LP:jk City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 TO: FROM: DATE: SUBJECT: Sebastian City Council Mary Heinicke Board of Adjustment August 2, 1990 Reappointment to Board of Adjustment I wish to be reappointed to the Board of Adjustment for an additional three-year term. I have served on this Board since April 10, 1985. LP:jk City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589.5570 TO: FROM: DATE: Sebastian City Council James K. Husk, Alternate Board of Adjustment August 2, 1990 SUBJECT: Reappointment to Board of Adjustment I wish to be reappointed to the Board of Adjustment. for an additional three-year term as an alternate. I have served on this Board since May 3, 1988. LP:jk City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32918 TELEPHONE (40?) 58g-1~330 FAX 401-589-5570 SUBJECT:Waiver of Bidding Procedure Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agemda Of Exhibits: Finance (LWN) 10/25/90 11/14/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT According to city code section 2-63 (b) any purchase with a cost in excess of two thousand dollars requires City Council approval. In addition, city standard operating procedures require a purchase order on any purchase with a cost in excess of $100.00 or for any inventoriable item, regardless of cost. Therefore a waiver of bidding procedure is required for the purchase of electricity and the telephone service as a sole source and for the purchase of fuel on an as needed basis. There is also a lease agreement for the monthly rental of the handicap computer at the golf course. The limits for the open purchase orders would be the budgeted amounts in the fiscal '91 budget previously approved by council action. Pursuant to city code section 2-64 (j) "The City Concil may waive or modify the bidding procedures on specific contracts for g60d cause. Bids shall not be required for items that are avaiable as a matter of commercial reasonableness from one source only, or as otherwise authorized by Florida law." RECOMMENDED ACTION Move a waiVer of bidding procedu~ be granted and the City Manager be given authority to sign open purchase orders for the purchase of electricity, telephone, fuel and the handicap computor lease for the golf course, up to the budgetary limits contained in the fiscal '91 budget as adopted by City Council on September 17, 1990. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (401) 589-6330 FAX 401-589-5570 SUBJECT:Waiver of Bidding Procedure Approved For Submittal By: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) ) 10/24/90 _ 11/14/90 EXPENDITURE REQUIRED: $4,519.68 AMOUNT BUDGETED: $5,000. APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Clerk wishes to purchase two (2) workstations fOr a total cost of $4,519.68. In the capital improvement fund there is budgeted $2,500. for the workstations and by delaying the purchase of a laptop portable computer budgeted for $2,500, there will be adequate funds for the purchase. A waiver of bidding procedure is also required since the purchase exceeds $2,000. and the vendor, Datum Filing Systems, Inc., of Ft. P. ierce, has a GSA contract #GS-OOF-02685 covering this purchase. Pursuant to city code sec. 2-64 (j) "The city council may waive or modify the bidding procedure on specific contracts for good cause~" RECOMMENDED ACTION Move a waiver of bidding procedure be granted and the City Clerk be given authority to purchase the workstations from Datum Filing Systems, Inc., of Ft. Pierce, in the amount of $4,519.68 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32976 TELEPHONE (401) 58E)-6330 FAX 407-589-5570 SUBJECT:Waiver of Bidding Procedure Approved For Submittal By: City Manager ~~ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) ) Finance (LWN) .~.!/7/90 11/14/90 EXPENDITURE REQUIRED:s2,468.31 AMOUNT BUDGETED: $50,000. APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Clerk wishes to purchase one (1) workstation for the Deputy City Clerk's office for a total price of $2,468.31. Available funds are currently budgeted in the capital projects fund for the purchase of conference chairs f6r the new conference room but will be delayed until a later date. The vendor, Datum Filing Systems, Inc., of Ft. Pierce, has a GSA contract #GS-00F-02685 covering this purchase. Pursuant to city code sec. 2-64 (j) "The city council may waive or modify the bidding procedure on specific contracts for good cause." RECOMMENDED ACTION Move a waiver of bidding procedure be granted and the City Clerk be given authority to purchase the workstati6n from Datum Filing Systems, Inc., of Ft. Pierce, in the amount of $2,468.31. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32979 TELEPHONE (407) 68g-6330 FAX 407-589-5570 SUBJECT:Bid Award for 5-Gang Mower Approved For Submittal By: City Manager ) Agenda No. ~, ~ ) ) Dept. Origfn Finance (LWN) ) ) Date Submitted 10-26-90 ) ) For Agenda Of 11-14-90 ) ) Exhibits: Bid Tabulation ) ) ) EXPENDITURE REQUIRED:S18,895. AMOUNT BUDGETED:S20,000. APPROPRIATION REQUIRED: SUMMARY STATEMENT Four bids were received for a 5-gang mower for the golf course. The apparent low bidder, Lesco, Inc. bid on a lighter weight mower that did not meet all of the advertised specifications, some of which are listed: (1) a 9 gallon fuel tank instead of a 12 gallon (2) the controls are not on the instrument panel!.by the .operator (3) no positive down pressure system to hold the reels on the ground (4) 4.5 MPH mowing speed and 6 MPH was specified (5) hydraulic steering instead of quad link. Hecto Turf was the second lowest bidder with a Toro Reelmaster 223-D which meets or exceeds all of the specifications. Presently about 80% Of the equipment at the golf course is Toro and they have excellent service and parts that are readily available.Adequate funds are budgeted for this expenditure. RECOMMENDED ACTION Move the bid for a 5-gang mower be awarded to the best bidder, Hector Turf, of Deerfield Beach, i~ the amount of $18,895. 0 H 0 0 0 0 · 0 I I ! City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Craft Club of Sebastian Request for Use of Rivervtew Park APPROVED FOR SUB~ ~ City Manager: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) 9o: 20__ City Clerk~'~ 10~29/90 ,!,!/,14/90 Exhibits: Wise Letter dated 10/25/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On September 12, 1990 City Council approved the use of Riverview Park by the Craft Club of Sebastian for its 1990/91 season shows, one date per month. The club is now requesting a two day show in December, specifically to use the park on December 2, in addition to the previously approved date of December 1, 1990. RECOMMENDED ACTION No recommended action. The Craft Club of Sebastian P.O. Box 780544 Sebastian, Fi. 32978-0544 (407) 589-0024 October 25, 1990 Sebastian City Council Main Street Sebastian, Fi. 32958 To whom this may concern, We would like to ask for permission to use Riverview Park for December 1 and 2. Our club would like to have a two day show that month. Please consider it and let us know as soon as possible so the proper advertising may be done. Thank you for your continuing support of Sebastian's Craft Club. Sincerely, Sharon Wi se Secretary/Treasurer CITY OF SEBASTIAN RENT~ PERMIT APPLICATION COMMUNITY CENTER j YACHT CLUB Number of Persons constituting group or organization~ Time of Day: From ~~ To JZ'~. _ Please answer YES or NO: 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be a- admissio, or door charge? 5) Will alcoholic beverages be served? ~~ (b) If alcohol i~ to be served, per~tssion i~ r~quir~d by the Cify Council. Your request will be presented to Council on Security Depog~: : ~0.O~ TOtal Rental: 8 Name of Permittee: A. ... Address of Permtttea: Telephone No.: ~8~'~B Date of Application II~q ° gO Hake checks payable tot CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE by Check # ~ (date) in the amount of or Cash~" . initial~ Rental Fee paid on by Check (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date security Deposit returned by City Check # amount of on in the (date). Amount kept for damages (if applicable). \ws-form\rentapp City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Golf Course Starters and Rangers Approved For Submittal By: Agenda No. ~0.~0 DeDt. O,~ ~ GC Date ~%~bmitted: ~ For ~qenda Of: ~ Ex,its - DeLarme Memo Dated:il/08/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: /~PPROPRIATION REQUIRED: SUMMARY STATEMENT Assuming the City Council approves the job description for Starter/Ranger a salary level must also be established. Staff has reviewed compensation paid starters and rangers in other area courses and a report is attached. While most other courses offer free golf as additional compensation, Sebastian can not do so because of the prohibition against free golf rounds as mandated by the bond covenants. Therefore, we recommend an hourly rate of $5.50 per hour for a Starter/Ranger and $6.25 per hour for a Head Ranger or Head Starter. The budget provides for the equivalent of eight (S) part-time starters and rangers, although the actual number may vary due to scheduling. RECOMMENDED ~CTION Establish salary levels for Starter/Ranger, Head Starter and Head Ranger. City of Sebastian SEBASTIAN MUNICIPAL GOLF~ COURSE lO1 E. Airport Dr. Sebastian, EL 32958 DATE: TO: FROM: RE: November 8, 1990 Robb McClary, City Ma~.] Jim DeLarme, Manager~ Starter/Ranger Compensation Comparisons Rob, I had my staff poll the courses near us for the pay scale and benefit packages for their Star%ers and Rangers. The following outlines %he responses. Sandridge Melbourne Doger Pines Vista Royale Vista Plantation HOURLY RATE $5.'75. $5.35 $5.50 $4.00 $5:50 BENEFITS Free Golf-May-Oct. No Free Golf Free Golf Free Golf Free Golf Sandridge employs two (2) full time Starters and one (1) full time Ranger, with back up from part time employee's. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32976 TELEPHONE (407) 589-6330 FAX 407-589-5570 SUBJECT:Bid Award for Golf Ball Diving Concession Approved For Submittal By: City ManaGer ~% Agenda No. Dept. Origin Date Submitted For Agenda Of Finance (LWN) 10/25/90 11/14/90 Exhibits: Bid Tabulation Memo from GCIM EXPENDITURE AMOUNT REQUIRED: .25¢ea. as neededBUDGETED: APPROPRIATION N/A REQUIRED: SUMMARY STATEMENT Two bids were received for the golf course golf ball diving consession. Staff evaluated the bids according to cost and.grade of each golf ball recommended in the bid. Also consideration was given to the amount and grade of range balls to be provided at no cost to the City. The price of .25¢ per ball was bid by each but Treasure Coast offered a #2 ball as compared to a #3 ball by Nelson, and Treasure Coast offered no limit on the supply of range balls while Nelson offered 10,000 per year. Nelson also offered a onetime credit for old range balls of .05¢ each. Based on Treasure Coast's past performance, better grade of used golf balls and the unlimited number of ra~ge'balls provided, the staff recommends awarding the bid to Treasure Coast Golf Company. RECOMMENDED ACT/ON Move the bid for the golf ball diving concession be awarded to the best bidder, Treasure Coast Golf Company, of Port St. Lucie, at a cost of .25¢ per used ball. OH ~-q ~o O0 o ~ o ~ o City of Sebastia11 SEBASTIAN MUNICIPAL. GOt. r~ COURSE 101 E. Airport Dr. Sebastlan, F;L. 32958 DATE: TO: FROM: RE: October 25, 1990 Robb Mcclary, City Manager Jim DeLarme, Interim Manager~ Ball Concession Contract I would like to award the bid to Treasure Coast Golf Co. for the following: The grade of ball is better for a twenty five .25 cents per ball price. Treasure Coast will supply an unlimited amount of range balls as opposed to a.10,000 ball limit from Nelson. Treasure Coast provided a copy'of their liability insurance, with the City as holder for one million dollars. Mr. Nelson did not provide us with proof of insurance. Treasure Coast provided a Federal I.D. number which was not asked for in bid, Mr. Nelson did not. Based on Treasure Coasts past performance I think the City would be best served by this company. City of Sebastian POST OFFICE BOX ?80127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 58g-5330 FAX SUBJECT: Approved For Submi%tal By: Ci%y Manager ~~' Agenda No. Dept. Origin Date Submit~ed For Agenda O£ Exhtbi%e: Public Works ILK). 11-7-90 11-14-90 Commodity Service Contract Indian River County- EXPENDITURE AMOUNT REQUIRED: BUDGETED: APPROPRIATION REQUIREDI SUMMARY STATEMENT Request for Waiver of the Bid procedures to resurface the Y6cht Club parkin9 area by usin9 the Indian River County Commodity Service Contract issued to Martin Paving. Approximate cost at $31.00 ton is $3000.00 RECOMMENDED ACTION Move to approve bid waiver and award contract to Martin Paving Company under County Service~Contract for Approximately $3000.00 XNDXAN RXVER COUNTY FLORIDA DEPARTMENT OF GENERAL SERVICES XNTER-OFFICE MEMORANDUM DATE TO.- THRU FROM: September 28, 1990 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Adml~trator H.T. "Sonny" Dean, Director.~/~ Department of Gener~l~rvi~ Dominick L. Mascola, CPO Manager Division of Purchasing IRC BID 191-1/Type ! & II Asphalt BACKGROUNDt On request from the Road & Bridge Division, the subject bid was properly advertised and Seven (7) Invitations to Bid were sent out On September 12, 1990, bids were received with Three (3} vendors submitting proposals for the commodity. ANALYSISt Staff has reviewed the submittal to ascertain adherence to specifi- cations. Martin Paving was the low bidder and met all requirements. FUNDING~ Monies for this project wtlX come from Budget Road & Bridge Accounts for paving material. Funds available $470,000.,O~ RECOMMENDATIONs Staff recommends the Award of an Open End Contract to Martin Paving with an e~timated value of $100,000 per year. Also, eutho~ize the Purchasing Manager to ren&w the Contract subject to satisfactory performance, zlro COlt inoreall, vendor acceptance, and determi- nation that renewal is in 2ha best interest of the County. The initial contract period shall begin on the date of award. COPY Jim Davis, Director Public Works Joe Baird, Budget Director APPROVED AGENDA ounty Adm~nistrator FOR /O,,-- /.~' -- ¢~ u City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570 SUBJECT: Teens Against Boredom Request for Fee Waiver for Use of Community Center and Yacht Club APPROVED FOR SUBMI~~ City Manager: ) ) Dept. Origin City Clerkc~x'~ ) ) Date Submitted .~.0/29/90 ) ) For Agenda Of 11/14/90 ) ) Exhibits: Jenkins Letter 10/17/90 Community Center & Yacht Club Reservation Forms EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On August 9, 1989, a previous City Council approved a fee waiver and paid the $250 security deposit for Teens Against Boredom dances at the Community Center on a bi-monthly basis for the balance of 1989. On December 12, 1989 that same City Council approved the fee waiver for 1990 dances. Teens Against Boredom is now requesting a fee waiver for 1991 dates for the Community Center for its dances and a fee waiver for 1991 dates for the Yacht Club for TAB board meetings (see reservation lists attached). The security deposit originally paid by City Council remains on hold in City Hall. RECOMMENDED ACTION No recommended action. TEENS AGAINST BOREDOM October l?, 1990 Re: Waiver of fee, for use of Community Center and Yacht Club. Dear Sebastian City Council, For the past year and a half or so you have graciously waived the fee for the use of the Community Center for the teens of North County to hold their dances. I am writing to ask that you continue thi~ for them, and allow them also to use the Yacht Club at the dates requested on the form that was filled out previously. The Yacht Club would be used for the use of the Board Members for meetings. You, Chairman, T.A.B. 589-7219 POST OFFICE BOX 780127 ORIDA 329 TELEPHONE (407) 589-5330 n 589-5570 REASON FOR RENTAL: Cb, 5'~4~ ~-~ s SCHEDUr. ED ~ ( NORMAL DATES, DAYS, AND HOURS OF RENTAL): NUMBE'R WILt]'' I L.~ONLpR'OFIT STATUS (TAX EXEMPTION PROOF): DEPOSIT ON HOLD: YES v~' NO,', - AMOUNT: CURRENT RENTAL RATE: j~/~_. SATISFY BURDEN OF COMMUNITY CENTER V'"' YACHT CLUB ALCOHOL~E~ERAGES SERVED AT GATHERINGS: YES NO IF ANSWER I$ ~YES",~PERMITTEE'S DATE OF BIRTH: \ws-form\rents 1991 REASON FOR RENTAL: C~'-~"' ~'~ ,. MAILING ADDRESS: . . City of Sebast,an POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 ~ FAX (407) 589-$570~' COMMUNITY CEN R/YACHT CLUB RESERV~TION~ ~HT ',. SCHEDULEE~TIN~.~(NORMAL DATES, DAYS, AND HOURS OF RENTAL ): ~,,^ t,.a.. ~:oo- NON-PROFIT STATUS (TAX EXEMPTION NUMBER WILL SATISFY BURDEN OF DEPOSIT ON HOLD: YES v/ NO AMOUNT: CURRENT RENTAL RATE: ~/~_.., COMMUNITY CENTER YACHT CLUB ALCOHOL~B~4~RAGES SERVED AT GATHERINGS: YES IF ANSWER IS ~fES",~PERMiTTEE'S DATE OF BIRTH: \ws- form\rents NO City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-,5,.330 r~ FAX (407) 589-5570 SUBJECT: ) DEPARTMENT OF ENVIRONMENTAL ) REGULATION CONSENT ORDER CONCERNING) ALLEGED ASBESTOS VIOLATION ) Approved For Submittal By: ) City Manager ) ) Agenda No. , /'~,D// Dept. Origin Community ~.evelopment,.~.~ Date Submitted 11Z...~./90 For Agenda Of 11/1~,/90 Exhibits: Consent Order OGC #90-1350 EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED: SUMMARY STATEMENT On July 11, 1990 the City Council authorized the City of Sebastian to enter into a consent order with the Department of Environmental Regulation concerning an alleged violation the City of Sebastian had committed during the asbestos removal for the Community Development Department building. The consent order within your packet has been reviewed and revised by Mr. Charles Nash which, the City does not admit guilt or admit that it violated any provisions of Florida or federal laws. The consent order requires the City of Sebastian to do two things, Pay a fine of $4,200.00. ($197.00 is being paid from the general fund whereas, $4,003.00 is being paid from the amount that was due to the asbestos contractor.) Within 120 days from the effective date, the City shall develop and submit to DER a written control plan made available to City personnel responsible for building renovation in case asbestos is discovered again. RECOMMENDED ACTION Move to authorize the Mayor and City Clerk to sign the proposed consent order. 011 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, Complainant, VS. THE CITY OF SEBASTIAN, Respondent. IN THE OFFICE OF THE CENTRAL DISTRICT OGC FILE NO. 90-1350 CONSENT ORDER This Consent Order is made and entered into between the State of Florida Department of Environmental Regulation ("Department") and The City of Sebastian ("Respondent"), whose office address is 1225 Main Street, Sebastian, Florida 32958, Indian River County. The Department finds: 1. The Department of Environmental Regulation is the administrative agency of the State of Florida with the responsibility for the protection of Florida's air and water resources and the administration of Chapter 403, Florida Statutes, and the regulations promulgated thereunder, Florida Administrative Code Chapter 17-2. 2. Respondent is a municipality and is a person within the meaning of Section 403.031(5), Florida Statutes. 3. Respondent owns and operates the City of Sebastian, City Hall Annex, located at 1225 Main Street, Sebastian, Indian River County, Florida. 4. On Or about January 19, 1990 the City of Sebastian began renovation of the City Hall Annex which included removal of about a five square foot area of ceiling to conduct work on the air conditioning system. 5. After suspicion by the renovation contractor that the ceiling may contain asbestos, the City r~moved a sample of the ceiling and submitted it to an independent laboratory for analysis. The January lg, 1990 analysis confirmed that the material contained asbestos. 6. A City representative submitted a memorandum to the Mayor of the City of Sebastian that removal of the asbestos ceiling by a certified asbestos abatement contractor would cost an estimate of $16,000.00. 7. The material containing asbestos located at the City Hall Annex was not disposed of in accordance with proper asbestos disposal procedures. 8. On March 15, 1990, the Respondent contracted ERA, a certified asbestos contractor, to complete the ceiling renovation which included approximately 1690 square feet of material, for a contract price of $6,095.00. 9. According to ERA, the asbestos contractor, the ceiling removal began on March 30, 1990. A City representative notified the Department on April 2, 1990 that the removal of the material containing asbestos may have been improperly done. 10. A Department representative visited the site on April 2, 1990, and found that material containing asbestos had been stripped and removed from the ceiling. The materials were placed in opened asbestos labeled bags. The material was friable and dry. The failure to adequately wet the material to ensure that it remained wet until it was collected for disposal is a violation of the Florida Administrative Code, Rule 17-2.670, which adopts 40 CFR Par~ 61, Subpart M, 61.147(e), by reference. The resolution of this violation is being sought from the contractor. 11. At the April 2, 1990 visit, the Department representative also found pieces of dry, friable material containing asbestos in the front and back yards of the Annex work area. According to ERA and the City representative on site, ERA had not yet removed any of the ceiling material from the work area. The finding of the material containing asbestos in the yard indicates a violation of 40 CFR Part 61, Subpart M, 61.152(a)-failure to properly dispose of all asbestos containing material, and 61.152(b)-discharge visible emissions to the outside air. 12. The Department informed Respondent of the Respondent's violations of Chapter 403, Florida Statutes, and applicable Department's Rules in a Warning Notice (OWN-AP-90-0175) on May 24, 1990. The Warning Notice requested a meeting to be held to resolve the alleged violations contained in this Consent Order. An informal meeting was held at the Department's Orlando office on June 14, 1990 between Respondent, Department and ERA. 3 THEREFORE, having reached a resolution of the matter, to Florida Administrative Code Rule 17-103.110(3), the Department and the Respondent mutually agree and it is ORDERED: 13. Respondent shall pay the amount of Four Thousand Hundxed Dollars ($4,200.00) in settlement of liabilities arising from any statutory provisions or rules that the Department is charqed with the authority to enforce resulting from the acts the Respondent set forth in this Consent Order. The Respondent does not, however, admit ~uilt or admit that it violated any provisions of Florida or federal laws. Payment shall be made by check and is due within 30 days from the effective date of this Consent Order. The instrument shall be made payable to the Department of Environmental ReTulation and include O~CNo. 90-1350 thereon. The check should be sent to the Central District Office, 3319 Haquire Boulevard, Suite 232, Orlando, Florida $2803-3?6?. 14. Respondent agrees to pay the Department $100.00 per day for each and every day Respondent fails to meet any of the deadlines or fails to comply with the requirements specified in this Order, with the exception of requirements specified in this Order. Failure to meet more than one deadline or requirement constitutes a separate violation for each failure. Within 30 days of w~itten demand from the Department, Respondent shall make payment of the appropriate amount to the Department of Environmental Regulation by check. Payment shall be sent to the Department of Environmental Regulation, Central District, 3319 pursuant 4 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce the terms of this Consent Order. 15. 'Respondent shall allow authorized representative of the Department access to future projects at reasonable times for purposes of determining compliance with this Order and the rules of the Department. 16. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit the future violation of applicable statutes or the rules promulgated thereunder. 17. within 120 days from the effective date of this Consent Order, the Respondent shall develop and submit to the Department's Central District office, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767, a written control plan with detailed procedures for Respondent's compliance with 40 CFR Part 61, Subpart M. The plan shall be made available to City personnel responsible for building renovation. The plan shall include procedures for notification, clean up responsibility, and maintenance of areas of the City Hall Annex which contain asbestos containing material. 18. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek Judicial 5 waiver of any determination Statutes. imposition of damages, or civil or criminal penalties alleged violation outlined in this Consent Order. 19. Respondent waives its right to a hearing or Judicial review of the terms of this Consent Order. Those persons whose substantial interests are affected bythe Consent Order and who are not parties to this Consent Order have the right, pursuant to Section 120.57, Florida Statutes, to petition for an administrative determination (hearing) on the Consent Order. The petition must conform to the requirements of Chapters 17-103 and 28-5, Florida Administrative Code, and must be filed (received) with the Department's Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 21 days of receipt of this notice. Failure to file a petition within 21 days constitutes a rights such person has to an administrative (hearing) pursuant to Section 120.57, Florida 20. If a Final Order is entered on a substantially affected party's petition, the substantially affected party has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400~ and by filing a copy of the Notice of Appeal accompanied bythe applicable filing fees with the appropriate District Court of Appeal. The Notice of for the 6 Appeal must be filed within 30 days from the date the Final Order is filed with the clerk of the Department. 21. This Consent Order is final agency action of the Department pursuant to Section 120.69, Florida Statutes, and Florida Administrative Code Rule 17-103.110(3), and it is final and effective on the date filed with the clerk of the Department unless a petition is filed in accordance with the preceding paragraphs. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department. 22. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. The entry of this Consent Order does not abrogate the rights of substantially affected persons who are not parties to this Order, pursuant to Chapter 120, Florida Statutes. 23. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161(1)(b), Florida Statutes. 24. Respondent is fully aware a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties of up to $10,000.00 per offense and criminal penalties. 25. The provisions of this Consent Order shall apply to and be binding upon the parties, their officers, director, agents, 7 servants, employees, successors, and assigns and all persons, firms and corporations acting under, through or for them and upon those persons, firms and corporations in active concert or participation with them. ATTEST: CITY OF SEBASTIAN: Katheryn M. O'Halloran, CMC/AAE City Clerk (SEAL) By: The Honorable W. E. Conyers Mayor, City of Sebastian Post Office Box 781027 Sebastian, Florida 32958 Date DONE AND ORDERED this Orange County, Florida. day of , 1990 in STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION A. Alexander, P.E. Deputy Assistant Secretary Central Division 3319 Maguire Boulevard Suite 232 Orlando, Florida 32803-3767 FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to ~120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. CLERK DATE 8 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 ;UBJECT, ) ~PPROVAL OF RESOLUTION R-90-46 FOR ) !HE PRELIMINARY DEVELOPMENT PLAN ) 'OR CHESSER'S GAP ) ~pproved For Submittal By, ) ) :ity Manager ) Agenda No. Dept. Origin Community Development (BC) Date Submitted 11~8/90 For Agenda Of 11/14{90 Exhibits: Resolution R-90-46 :XPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT ~t its regular Workshop meeting on November 7, 1990, the City Council 'eviewed the Planning & Zoning Commission's report and recommendation on .he Chesser's Gap Preliminary Development Plan. Upon review, the City ouncil instructed the City Attorney to draft a resolution for approval of ,he Preliminary Development Plan. RECOMMENDED ACTION ore to adopt Resolution # R-90-46 approving the Preliminary Development lan for Chesser's Gap Planned Unit Development. RESOLUTION NO. R-90-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN (PLAT) FOR A PUD(C) COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING SINGLE SITE PLAN SUBMISSION; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Sebastian General Partnership, B.F.T., (hereinafter referred to as the "Applicant"), is the owner of a certain tract of real property located in the City of Sebastian, Indian River County, Florida; and, WHEREAS, the Applicant has requested that the City Council of the City of Sebastian approve the Preliminary Development Plan (Plat) for a PUD(C) Commercial Planned Unit Development submitted to the City; and WHEREAS, the city staff and the City Planning and Zoning Commission have reviewed the Preliminary Development Plan (Plat) submitted by the Applicant and have recommended approval subject to the imposition of several conditions; and, WHEREAS, the applicant has requested that the sidewalk requirements set forth in Section 20A-17.1K. of the Land Development Code be waived if the Applicant provides bicycle/pedestrian paths that allow for adequate pedestrian circulation; and, WHEREAS, the Applicant has requested a waiver of the requirements of Section 20A-4.13 B2., and that individual site plans be submitted to allow for a pleasing and harmonious overall environment in accordance with Section 20A-10.2 B; and, WHEREAS, the City Council has considered the requirements of Section 20A-4.6 of the Land Development Code and the provisions of the Land Development Code referred to therein; and, WHEREAS, the City Council has determined that the Preliminary Development Plan (Plat) submitted by the Applicant should be approved subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY DEVELOPMENT PLAN (PLAT) APPROVAL. The Preliminary Development Plan (Plat) submitted to the City by Sebastian General Partnership, B.F.T., with respect to the PUD(C) Commercial Planned Unit Development for the certain tract of real property owned by the Applicant, consisting of approximately 58.09 acres located south of County Road §12, north of the intersection of County Road 512 and Fleming Street, approximately three and one-half miles west of U.S. Highway 1, also known as State Route 5, and east of Strait Avenue, and more particularly described as: "A parcel of land in the NE 1/4 of Section 13, Township 31 South, Range 38 East, known as Chesser's Gap, described as follows: That part of the NW 1/4 of the NE 1/4 of Section 13, Township 31 South, Range 38 East, lying South of Fellsmere Road, AND ALSO the West 1/2 of the NE 1/4 of the NE 1/4 of Sec. 13, Township 31 South, Range 38 East. All of the above land now lying in the City of Sebastian, Indian River County, Florida", 2 is hereby approved, subject to the conditions and restrictions contained elsewhere in the Resolution. Section 2. CONDITIONS AND RESTRICTIONS. The approval of the Preliminary Development Plan (Plat) as set forth in Section 1 of this Resolution is conditioned upon the Applicant, and its successors in interest, complying with the following conditions and restrictions: 1. All improvements made to the subject real property, as outlined in the Traffic Study to County Road 512 (traffic light, right turn lane and left turn lane) will be constructed by the Applicant at its expense, in accordance with the requirements of Indian River County, Florida. This condition shall not operate to preclude Indian River County from requesting modifications or additions to the improvements as Indian River County deems necessary and proper. 2. Applicant shall be authorized to construct all required streets, on-site storm water tracts, street lighting, and all other improvements to Fleming Street/Vocelle Extension as indicated on the Preliminary Development Plan (Plat) dated July 23, 1990. 3. Applicant shall construct a stabilized emergency access way that will allow for police, fire, rescue and ambulance vehicular travel from the west end of the street constructed in the Commercial Planned Unit Development to Wave Street in Sebastian Highlands, Unit 6. The design standards for the stabilized emergency access way shall be in compliance with the requirements determined by the City Engineer. 3 4. Applicant may submit a final plan (plat) or phased final plans (plats) for the approval of the City in accordance with the provisions of Section 20A-4.11 of the Land Development Code after the improvements set forth in paragraphs 1 through 3 of this Section 2 have been completed and certified by the Applicant's Engineer and the City's Engineer. 5. Applicant shall not submit a final plat for approval nor shall a final plat be approved until central water and sanitary sewer has been constructed and approved by the appropriate governmental authorities and agencies having Jurisdiction. This shall not preclude the applicant from receiving approval from H.R.S. and the Fire Inspector utilizing an interim plan for the central water. This provision shall not preclude the applicant from relief under Section 20A-16.4 C5. 6. Each site plan for individual lots that is submitted to the City which indicates that the ownership of the real property that is the subject of the site plan is owned by a person or entity other than the Applicant must include agreements, covenants, contracts, deed restrictions and/or sureties acceptable to the City and the City Attorney to ensure that such owner will be bound by the commitments made by the Applicant as set forth in the Preliminary Development Plan. A master set of deed restrictions will satisfy this condition provided such deed restrictions have been previously approved by the City and City Attorney. 4 Section 3. WAIVE~ OF SINGLE SITE PLAN SUBMISSION. The Preliminary Development Plan (Plat) submitted by Applicant need not contain the information required by Section 20A-4.13 B.2 of the Land Development Code. Applicant will be developing in stages and shall submit the site plan for each individual lot for review and approval of the City in accordance with Article X of the Land Development Code. The review process shall consider that this is s Planned Unit Development, being developed under Article IV. Section 4. WAIVER OF SPECIFIC SIDEWALK REQUIREMENTS. Applicant need not construct sidewalks on both sides of the street comprising the Commercial Planned Unit Development pursuant to Section 20A-l?.l K., so long as Applicant constructs a sidewalk consisting of a bicycle and pedestrian path which is at least six (6) feet wide, is on the westerly side of the Fleming/Vocelle extension, and provides adequate pedestrian circulation. Section 5. BINDING EFFECT. Applicant shall submit appropriate assurances that any successors or assigns of Applicant will comply with all provisions governing the development of the Commercial Planned Unit Development in accordance with this Resolution and the requirements of the Land Development Code of the City of Sebastian and all provisions of the Code of Ordinances of the City of Sebastian, including provisions of Sections 20A-4.6D. The provisions of this Resolution shall be binding upon any assigns and successors of Applicant. ~/Section 6. RECORDING. The City Clerk is hereby directed to record this Resolution in the public records of Indian River County, Florida. Section 7. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. In no event shall this Resolution be deemed to repeal any part of Ordinance No. 0-87-09. Section 8. SEVERABILITY. In the event a court of competent Jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: BY: W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 7 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 ' SUBJECT: 1ST READ~NG OF ORDINANCE 0-90-13 CONC~RNTNG SUBDIVISTON ACCESS Approved For submittal By: City Manager ~~ ,o. Dept. Origin Community Development (B~ Date Submitted 10/24/90 For Agenda Of 11~14/90 Exhibi ts: Ordinance 0-90-13 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council on September 26, 1990 approved a motion to direct the City Attorney to draft an ordinance regarding the Planning & ZOning Commission's recommendation on new subdivisions and the requirement of two means of ingress and egress. RECOMMENDED ACTION Move to approve 1st reading of ordinance 0-90-13 and set the public hearing on December 12, 1990. ORDINANCE NO. ~ 0-90-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING ACCESS TO SUBDMSIONS; AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND EGRESS TO MAJOR SUBDMSIONS; PROVIDING FOR REPEAL OR ORDINANCES OF PANTS OF ORDiHANCES IN CONFLICT HEREWITH; PROVIDING FOR iNCLUSION IN THE LAND DEVELOPMENT CODE OF THE CiTY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reco---ended to the City Council of the City of Sebastian, Indian River County, Florida, that the Land Development Code as it pertains to access to subdivisions be amended to provide for two required public means of ingress and egress to major subdivisions with limited exceptions; and WHEREAS, regulation of the number of required means of ingress and egress enables the City to better provide for the health, safety and welfare of residents within subdivisions. NOW, THEREFORE, BE IT ORDAINED BY THE CIT~ COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section !. Section 20A-17.2 A.1 of the Sebastian Land Development Code is hereby amended by adding a new subparagraph (e), to provide as follows: "(e) Ail major subdivisions, as defined in subsection 20A-16.1C, shall be designed with at least two public means of ingress and egress to provide public access to the subdivision from arterial or collector streets. An adjustment in the number of required public means of ingress and egress under this paragraph may be authorized pursuant to subsection 20A-16.1D. Each public means of ingress and egress to a major subdivision shall intersect an arterial or collector street different from the arterial or collector street intersected by any other required public means of ingress and egress to the subdivision. If it is not possible for the required number of public means of ingress and egress to a subdivision to intersect different arterial or collector streets, the public means of ingress and egress may intersect the same arterial or collector street; however, the points of intersection must be located a minimum of one thousand (1,000) feet apart. If an adjustment is authorized pursuant to subsection 20A-16.1D such that only one public means of ingress and egress is required under this paragraph, the subdivision shall be designed to provide at least one additional means of ingress and egress for emergency vehicles. Ail such means of ingress and egress for emergency vehicles must be approved bythe City Engineer.' Section 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABILIT~. jurisdiction shall hold or In the event a court of competent determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section .~..? EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded byCouncilman and, upon being put into a vote, the vote was as follows= Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum CounciLman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of . , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: W. E. Conyers, Mayor KathrynM. O'Halloran, CMC/~ City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m, on the day of ., 1990, and that following said public hearing this Ordinance was passed bythe City Council. KathrynM. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 3 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 329?8 TELEPHONE (40?) 589-5330 FAX 407-589-5570 SUBJECT: 1ST READING OF ORDINANCE 0-90-15 CONCERNING ACCESSORY BUILDINGS Approved For submittal By: C±ty Manager ~ ) Agenda No. Dept. Origin Community Deve.,1.opment Date Submitted 9/19/90 11/14/90 For Agenda Of Exhibits: Ordinance 0-90-15 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On May 9, 1990, the City Council at its regular workshop meeting authorized the City Attorney to draft an ordinance which further regulates the size of a detached accessory building. RECOMMENDED ACTION/ ~ Move to approve first reading of ordinance 0-90-15 and set the public hearing for 12-12-90 ORDZN'ANCE NO.: 0-90-15 ~ ORDINANCE OF THE CITY OF ~EBABTZ~N~ INDZA~ RIVER COUNTY~ FLORIDA~ PERTAINING TO ACCEB~ORY BUILDING~ ~~NG SECTION 20~-5.7 OF T~ ~ DE~P~ ~DE TO ~GU~TE ~E ~T~ON OF ~CCEBBORY BUZZINGS ~ PROViDiNG ~G~ ~STRZCTZONB FOR ~CCEBBORY BTRUCTU~B ~ PROVIDING ~A LIMITATIONS FOR ACCESSORY STRUCTU~S ~ PROVIDING FOR ~PE~L OR O~I~CES OF P~T~ OF O~IN~CES IN CO~LICT ~WITH~ PROVIDING FOR INCLUSION IN ~ ~ DE~P~ CODE OF ~ CITY OF ~EB~TI~ PROVIDING FOR ~~ILITY~ ~ P~VIDING FOR ~ EFFECTI~ DATE. WHEREAS, the Planning and Zoning Commission and the city staff have both recommended to the City Council of the City of Sebastian, Indian River County, Florida, that the Land Development Code as it pertains to accessory buildings be amended to provide for certain restrictions on the location, the height and the area of accessory buildings; and WHEREAS, regulation of accessory buildings enables the City to better provide for the health, safety and welfare of residents of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: sect/on .... ~.~. Subsection 20A-5.TB of the Sebastian Land Development Code is hereby amended in its entirety to provide as follows: "B. Location. No accessory building or structure shall be located in any required yard. Furthermore, all detached residential accessory buildings and structures shall not extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot." Seotlon 2. Subsection 20A-5.7C of the Sebastian Land Development Code is hereby amended in its entirety to provide as follows: "C. General regulations of accessory ~uildings. 1. No mobile homes, travel trailers, truck trailers or any portion thereof, or motor vehicles shall be permitted as an accessory building. 2. No accessory building shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of accessory building (example: garage, shed, pump house). 3. The building official shall not issue a building permit if the application, for a building permit does not specify the type of accessory building which the applicant seeks to construct or to maintain. 4. The building officiai shall not issue a building permit if the accessory building does not comply with any other provisions of the Land Development Code or the Code of Ordinances of the City of Sebastian. 5. No detached residential accessory building or structure shall be constructed or maintained whereby the height thereof exceeds the height of the 2 principal structure that is located on the same real estate parcel or lot. No detached residential accessory building or structure shall be constructed or maintained whereby the square foot area thereof exceeds seventy-five percent (75%) of the living and non-living square foot area of the principal structure that is located on the same real estate parcel or lot." SeCtion 3. CONFLICT. Ail ordinances or parts ordinances in conflict herewith are hereby repealed. of Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section $~ SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for Councilman . The seconded by Councilman being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau adoption by motion was and, upon The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the __ day of , 1990, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 5 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT~ Golf course Starters and Rangers Approved For Submlttal By: Agenda No. DePt. Of Orfqin: GE Date Submitted: For A~enda Of: 11/14/90 ~ - Resolution No. R-90-47 - Job Description EXPENDITURE REQUIRED= AMOUNT BUDGETED: APPROPRIATION REQUIRED= SUMMARY STATEMENT The fiscal - 1991 budget provides for a system of paid starters and rangers for the Golf Course. Currently, volunteers are used and are compensated with free golf cart usage. This system has been questioned by the City auditors and raises questions of liability, income tax and compliance with bond covenance. The adoption of the budget provided for a transition until job descriptions could be approved and employees hired. CO ENDED Move to approve ResolutiOn No, R-90-47 approving a job description for Golf Course Starters and Rangers. RESOLUTION NO. R-90-47 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF GOLF COURSE STARTER/RANGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian Municipal Golf Course currently provides for a system of volunteer starters and rangers; and WHEREAS, the City Council finds that these functions performed by employees; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I. The job description for the classification of Golf Course Starter/Ranger, attached hereto as Exhibit "A" is hereby adopted. SECTION II. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said Job description. SECTION IIi. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. ~SECTION IV. upon its adoption. This Resolution shall take effective immediately The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as fol lows: Mayor W. E. Conyers Vioe Mayor Frank Oberbeok Councilman Robert McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19. CITY OF SEBASTIAN, FLORIDA by: W.E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: City Attorney 2 COURSE STARTER / It,%NGER Major Function As a Starter, to insure that golfers tee off on time. As a Ranger, to enforce the rules of play and to keep golfers moving on the course. Illustrative Duties A Starter is responsible for insuring that golfers begin play on the scheduled tee time, keeps count of types of players, e.g. member, non-member, walking, etc., reconciles tee time sheet with golfer's receipts, maintains communications with Pro-Shop and with Rangers, and performs other duties as assigned. A Ranger is responsible for keeping golf play moving at a pace which complements the tee time schedule, prepares and checks out the ranger cart, cleans rest rooms located on the course and insures that proper paper supplies are provided, checks water coolers for water and cups, reports any condition requiring attention for maintenance or repair to the proper golf course authority, maintains communications with Starter, enforces the rules of play on the course, picks up litter, and performs other duties as assigned. Head Starter - Head Ranger designations. The Pro-Manager may assign one (1) ranger - starter as the "Head Starter" and one (1) Ranger - Starter as the "Head Ranger". who shall be responsible for scheduling of the Starters and Rangers, respectfully, and to work shifts when necessary to cover sick, vacation or other leave time and who would exercise general supervision of the Starters and Rangers under the direction of the Golf Course Pro- Manager. Knowledq~. Ability and Skills Must posses good public relations abilities in order to meet and interact with the public in a positive and friendly manner, general knowledge of golf and effective verbal and written communications skills. Traininq and Experience Must be able to read and write and to perform basic mathematical calculations. Must be able to safely and proficiently operate a golf cart. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5,.330 [] FAX (407) 589-5570 SUBJECT: Golf Course Pro- Manager Approved For S~2tal By; city Manager Agenda No. Dept. of origin~ ~ ~ Date Submitted: For Agenda Of~ 11/06/90 11/14/90 ) Exhibits: - McClary Letter Dated ) 11/06/90 ) ) - DeLarme Resume ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEHEN~ On October 10, 1990 the Sebastian City Council created the position of "Golf Course Pro - Manager" by the adoption of a job description. Subsequently, I met with the Acting Pro-Manager, James F. DeLarme and appointed him to the permanent position pending concurrence of the Sebastian City Council. While it is not required by City Code or Charter, I respectfully request the concurrence of the City Council in the appointment of Mr. DeLarme and the details of his employment.' Further, the concurrence of the City Council of the appointment of a department head would not violate Section 2.10 of the City Charter which prohibits members of the City Council from dictating the appointment or removal of any City employee. For your information, I have attached a copy of Mr. Delarme's resume. RECOMMENDED ACTION Move to concur with the City Manager's appointment of James F. DeLarme as Golf Course - Pro Manager. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 November 6, 1990 Mr. James F. DeLarme Interim Golf Course Manager city of Sebastian Municipal Golf Course Sebastian, FL Dear Jim: Please consider this letter as official notice of your appointment as Golf Course Pro-Manager for the City of Sebastian, Florida, subject to concurrence by the Sebastian City Council. I am presenting this letter to the Sebastian city Council at the Regular Meeting of November 14, 1990 for concurrence. The details of your appointment are as follows: 1. You are appointed Golf Course Pro-Manager, effective retroactively to October 11, 1990, upon concurrence by City Council. 2. Your salary at appointment will be $27,500 per year. You will next be eligible for a salary increase at the next subsequent fiscal year beginning October 1, 1991. 3. The city will contribute an amount equal to 5% of your salary to one of the approved retirement systems of the City, assuming you match this amount. 4. While you are not required to reside within the City limits, you are encouraged to do so. Therefore, the City will reimburse your actual and necessary moving expenses to Sebastian up to a maximum of $3,500 provided you relocate to Sebastian within eighteen (18) months from the date of appointment. The moving company you use must be approved by me in advance. In the event you elect to terminate your employment within one (1) year from date of moving to Sebastian, you are to reimburse the City on a pro-rata basis for the moving expenses as determined by the Finance Department. 5. You are eligible for all normal and customary benefits afforded other department heads of the City of Sebastian, including paid vacation, paid sick leave, paid health insurance (including dependent coverage), paid holidays and other benefits as outlined in the Standard Operating Procedures. 6. The City expects you to maintain an active interest in associations dedicated to professional development. Therefore, the city will pay for membership and travel expenses related to your participation in professional organizations as budgeted. However, you may be restricted to no more than one out-of-state conference per year. 7. As Golf Course Pro-Manager, you serve at the pleasure of the City Manager. Therefore, should your employment be terminated by the City Manager without cause you shall receive sixty (60) days severance pay. Should you be terminated with cause, including but not limited to a conviction of any crime involving moral turpitude or should lose your P.G.A. certification, you may not be eligible for severance pay. 8. You are to give a minimum of thirty (30) days notice of your intent to terminate employment with the City of Sebastian. Should you terminate your employment, you waive your right to any severance pay as outlined above. 9. The terms of this letter of understanding may be modified by mutual consent of both parties. 10. Since you had a physical examination on January 19, 1989, this requirement is waived. Likewise, no background investigation will be required since the Sebastian Police Department completed a background investigation on April 6, 1987. I trust the above accurately summarizes our understanding of your appointment to the position of Golf Course Pro-Manager for the City of Sebastian. We look forward to working with you. Sin~rely, Robert S. McClary City Manager ~~mes F. DeLarme'~/ //-(Date) ~- ~ 3 AM ES F. De LA RM E c/o Meltra Roar Trailers 305 South 3rd Street Fort Pierce, Flori4a ?4950 (407)46].-7538 (407)~65-8848 GOLF PROFESSIONAl,, 14 Years Experience ].,~ludl.g . Resort/Priva t:p/S~nL-Priv.~ te Operattons Such ~s Crystal [.gke/T~. O'Shanter/Sandpiper Bay Recent Exper ier~'e ~tmmg[ng $1.6-Mtllic~l Profit Center P~qck§rou.d includes o op~r~tic~m ,~gn~g~_nt o start o tc~m~m, ts o food & beverage o turf grnss o fee st~c~ri~ mo,,Imrship develou.e.t cost co. tai~ent teaching pro c~M~terized o~rations syst~s ~ controls Class "A" PGA Prof.~,o,,~iorml Business Degree B-Plus Avernge in PGA Busi.ess Schools Age 37 - l~.~rri.ed MANAGEMENt SKILLS AND ACCt~PLISt~IM BUSINESS TURN^ROI.~qD For most rece.t e,~loyer, intro~bced ,~ern manage,rant techniques to lackluster. 1~ profit ~olf o~ratton. Replmced cam]al, h~ph8m~rd approach with syst~,s and controls, acc~mtmbllity, ~loyee pride of ~rfo~e. Realtg.ed staff, e~ablished ~rsh[p m~d otl~r fees, c~terized o~rations (~th ~fold ~neftt of re(h~ci~ sala~ ex~nse m~d adding profit center by charging for a ha~icappi~ se~ice), i~rea~ed revere{es ~ all areas (~lud~g t~m~ntsnm ~ich ~ ~)k a year in adva~e), ~ d~bled profits. llUt,1/~l RESOURCES Experience in rec. ruiting, hirin§, training staffs of up to 25 employees. Vzrtually m~ turnover in a high b]rnover industry...s(mm ~,ployee,~ with recent employer for 6 years. Motivates by leadership ami example...encourages and rewards initiative...generates prc~kmtivtty through fair treatment a.d a spirit of family rapport. REPUTATION ~]y one enplo~er in past: 10 years...sane owner at Cry.stal b~ke and Tnm 0 Shanter. R~cognized as one of the area's mo~t effective golf instructors. Letters of cc~mmndation frc~, every ~,plnyer. $AMES F. DeLARME EMPLOYMENT HISTORY ~OLF DIRECTOR/ iNTERIM MANAGER .989-1990 Sebastian Municipal Golf Course - Sebastian, FL Employed by the City of Sebastian on January 6, 1990, as Golf Director. Responsible for all operations involving the scheduling of tournaments and lessons. April 1990, duties increased as Interim Manager. Overall responsibilities include management of restaurant, pro-shop golf course facilities and personnel. lEAD TEACHING 'ROFESSIONAL 988 - 1989 Boone - North Carolina Manager and Head Teaching Professional at High Country Golf. Responsible for buying and merchandising pro- shop sales. Teaching individuals, Groups and Junior clinics. lEAD GOLF 'ROFESSIONAL 983 - 1987 EAD PROFESSIONAL/ OLF DIRECTOR 977 - 1982 Crystal Lake Country Club - Pompano Beach, F~ Reported to Robert Sullivan, Sr...executive director (since retired and now reachable at 305/781-6852). Club had been without a head professional for a year, and most operations had been understaffed and loosely organized. Instituted controls, hired and trained 15 employees out of eventual roster of 25 in peak season, put drivinG range into the black in 12 months. Changed starter system from tipping only to regular salary basis. Increased revenues in all areas including pro shop sales (to $168,000 in 1986), Green fees, cart fees. Within 24 months, accounted for an 8,000 player increase...current average is 63,000 players per year. Computerized key operations in 1986. On a player level, Crystal Lake Golf team won South Florida Sectional Championship for the Oldsmobile Scramble national tournament. Tam O'Shanter Golf Club - Pompang..Beach, FL Joined as associate professional...a virtual start up situation, havinG been converted from a public course to a private club only a few months earlier. Helped in planning layout, directing maintenance staff, organizing internal operations. Responsible for purchasing equip.- ment and apparel, display, merchandising, inventory, cost control. Advanced to head professional/golf director in 1981...responsible for staff of 12 and all operations such as tournaments, pro shop, lessons. ASSISTANT PROFESSIONAL 1973 - 1977 Earlier BUSINESS AND PROFESSIONAL TRAINING Sandpiper Bay - The resort at Port St. Lucie, Functioned as No. 2 executive for two 18-hole courses and one 9-hole course plus a pro shop generating volume of $300,000...also a restaurant and support facilities. Gained early exposure to areas such as tournaments, corporate meetings and conventions, pro shop operations. Positions in sporting goods sales. Entry level post at Urban Hills Golf Course in Park Forest, Illinois while in High School... learning how to get a course ready for play. Member of HiGh School Golf team for 4 years. Playing Golf since age 12. - PGA Business Schools I and II - PGA Seminars in Profit Improvement/Business Accounting - .Prairie State Junior ColleGe - ChicaGo Heights, Illinois Associate DeGree in Business Administration - Broward Community ColleGe - Fort Lauderdale, Florida Full - Semester Course in Turf Grass ManaGement taught by AGronomist Dr. Max Brown, City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: Point - O - Woods Subdivision Dept. of Origin: ~ Manager Date Submitted: For Agenda Of: 11/14/90 Exhibits: - Mosby Letter Dated, 10/11/90 - McClary Letter Dated, 08/01/88 Approved For Submittal By: ) CityManager ~~'--I EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: ~UMM~R~ STATEMENT Point - O - Woods subdivision was developed under the City's Land Development Code with street and drainage facilities to be privately owned and maintained. Consequently, the infrastructure improvements did not meet the City's requirements for perpetual maintenance by the City. I originally reviewed this matter in 1988 and indicated to the developer that the city would consider accepting the streets and drainage improvements for city maintenance provided they are brought into compliance with the City's requirements for publicly maintained facilities. I see little problem in the City accepting these improvements. To my knowledge, there are no drainage problems within the subdivision and the one (1) street, Robin Lane, has no indication of pavement failure since its original construction. Given the circumstances, the only major item to be corrected would be the width of the street right-of-way from fifty (50) feet to sixty (60) feet and this could be accomplished by a modification to an existing fifteen (15) foot front utility easement to include drainage. On August 1, 1988 i wrote to the developer and outlined areas which needed to be addressed for the city to accept this subdivision. Recently, the developer met with me to review the status of these items. Subsequently, I asked our consulting engineer, Mosby & Associates, Inc., to again review this matter and report to me. On October 11, 1990, Mosby & Associates, inc., responded by letter outlining recommendations for the City to accept the streets and drainage for maintenance. I~COMM~IqD~D Review the request of Point-O-Woods developer for the City to accept maintenance responsibility for the streets and drainage within Point-O-Woods subdivision. October 11, 1990 MOSBY AND ASSOCIATES, INC. CONSULTING ENGIN£ER$ 1507 20th STREET P.O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569-0035 Mr. Rob McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Pointe-O-Woods Subdivision Sebastian, Florida Engineer's Project No. 90-101E Dear Mr. McClary: As requested, we have reviewed the past correspondence regarding the subject developer's request for the City of Sebastian to accept and maintain the existing roadway system within the Pointe-O-Woods Subdivision. It is our recommendation that prior to the City accepting these roadways, the following conditions be met. These recommendations are in addition, and modifications of the conditions, set forth in your letter dated, August 1, 1988, to Mr. Rene VandeVoorde. It is agreed that the current fifty feet (50') roadway right- of-ways are not acceptable and the recorded plat should be modified to state that a fifteen foot (15') front utility ease- ment shall also become a drainage easement. Back when this subdivision was constructed the drainage permitting process was very lax. it is very possible that a permit for the stormwater system was never received. We suggest that the engineer of record provide a signed and sealed statement that the drainage system was designed and constructed in accor- dance with all applicable codes at the time it was constructed. To insure that there are no existing drainage or roadway problems, we suggest that the City send out a letter to all the residents within the Pointe-O-Woods Subdivision requesting them to in- form the City if they are aware of any past or present drainage or roadway problems. Rob McClary ~ober 11, 1990 ~age 2 A detailed inspection of the roadways and drainage systems is recommended. Any deficiency found should be repaired by the contractor prior to acceptance by the City. We recommend that the developer post a once a year maintenance bond beginning the date of acceptance by the City. To insure that the roadways have been constructed to the City's standards we recommend the pavement cores be taken. The fre- quency and location of these roadway cores should be left to the discretion of the certified testing lab. The recorded final plat shall be modified indicating the City of Sebastian shall have access to all drainage easements and Tract A for maintenance. The developer shall bear the cost of all engineering, survey, testing and recording fees accociated with the acceptance of the Pointe-O-Woods Subdivision. We are available to meet with you at your earliest convenience regarding this project. Should you require further information, please call. Very~ ul ~~ RLM:bes cc City of Sebastian I~OST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32918 TELEPHONE (401) 589-5330 August 1, 1988 Mr. Rene Van De Voorde Attorney At Law P. O. Box 780308 Sebastian, F1 32978-0308 Re: Pointe O Woods Subdivision Dear Mr. Van De Voorde: This is to review our meeting regarding Pointe 0 Woods Subdivision and how your client may obtain acceptance by the City of Sebastian of the street and drainage improvements within the subdivision for perpetual maintenance. We are concerned with verifying that the streets and drainage within the subdivision are in a condition which will not cause liability to the City or create an undue financial burden due to the current condition of the improvements. Therefore, we request your client to provide the documentation to the City of Sebastian: following 1. Street and Drainage Right-of Way. The current fifty foot right-of-way is not acceptable in its current form. City regulations require a minimum of sixty foot of right-of-way in cases where drainage swales are to be used in lieu of curb and gutter, inasmuch as all lots fronting the fifty foot street right-of-ways within the subdivision have a fifteen foot front lot easement for utilities, we feel if the final plat, as recorded in the land records of Indian River County, is modified to indicate that this fifteen foot easement includes drainage as well as utilities, this will meet the right-of-way requirement. Mr. Rene Van De Voorde Attorney At Law August 1, 1988 Page 2 2. Drainage System. In 1982, when the subdivision was developed drainage systems were regulated by DER rather than the St. John's Water Management District. In order to accept the drainage improvements we would need the following documentation: A. Verification that the subdlvisioh received a permit from DER for construction of the drainage improvements. B. Verification that DER approved the drainage plan for the subdivision. C. Verification that the project engineer certified the completion of the drainage improvements to DER and that DER received and approved this certification. 3. Drainage Easements - Tract "A". The subdivision plat indicates a Tract "A# as'a drainage area for the subdivision. The final plat, as recorded in the land records of Indian River County, must be modified to indicate that the City has access to Tract "A", that the drainage easement on Tract "A" allows the City to maintain the drainage system as constructed and that Tract" A" is maintainable as a legal positive outfall. 4. Street and Drainage Improvements. We will require certification by a registered professional engineer that the improvements constructed within the subdivision ( which are to be accepted by the City for perpetual maintenance) were constructed in accordance with City and FDOT standards as were in existence in 1982 and' that said improvements are constructed within generally accepted engineering standards. 5. Final Plat. Eight (8) prints and two (2) reproducible mylars of the final plat must be submitted to the City Clerk and be accompanied by the following: A. A check-made payable to the Clerk of the Circuit Court of Indian River County, in the amount established by that office, for recording the plat. B. A copy of the homeowner,s association bylaws if applicable. Once the above outlined documentation has been received and the final plat has been modified as requested in this letter, the grass and weeds within the subdivision must be trimmed so that a site inspection can be made by the City. Any deficiencies found' .during the site inspection must be corrected prior to final acceptance by the City. · Rene Van De Voorde Attorney At Law August 1, 1988 Page 3 Finally, yog client must agree to reimburse the City for reasonable expenses incurred by us in reviewing the request of your client to accept responsibility for the maintenance of the streets and drainage improvements within the subdivision, including reasonable legal and engineering fees and costs. If the conditions outlined above are acceptable to your client, please advise at your earliest convenience. We look forward to working with you on this project. Sincerely, /jmt Robert $. McClary City Manager Richard B. Votapka, Mayor & Sebastian City Council Charles I. Nash, City Attorney Randy Mosby, P.E., Mosby & Associates Bruce Cooper, Building Official Jerry Thomas, Superintendent, Public Works Telephone: (407) 567-8000 ~,~.r X~.C~I?__~I~ ~/h~ .' 224' 1011 The Honorable Will Conyers, City of Sebastian P.O. Box 127 Sebastian, FL 32958-0127 eOARV Or COU VTY CO 4MXSS , VERS ' 1840 25th Street, Veto Beach, Florida 32960 ~,L~ RE: SEBASTIAN LIBRARY LEASE AGREEMENT Dear Mayor Conyers: In October 1987, under an assignment of lease, Indian River County became the lessee of the Sebastian Library. The original lease between the City of Sebastian, as lessor, and the Sebastian River Library Association, as lessee, was amended, at tile time of assignment, to change the use of premises as follows: "l'he premises are leased to be used solely as a public library." At the same time a new paragraph 24 was added as follows: "The City may terminate this lease on sixty (60) days written notice after the North County Library becomes open to the public." The North County Library is scheduled to be open to the public on November 20, 1990 and the County will not be using the Sebastian Library building for a library. Therefore, it appears appropriate that the amended lease be terminated and the County surrender the premises to the City of Sebastian. It is anticipated that complete vacation of the premises can be effected by January 21, 1991 at which time the City of Sebastian can take possession and the amended lease will terminate. If the above procedur~ and timetable is not acceptable please inform me and we can work to a mutually agreeable transition. I ND I AN R I VER COUNTY BOARD OF COUNTY COMMi SS lONERS Carolyn K. Eggert Cha i rman EKG/Ob cc: Lynn Walsh, Director North County Library ADU L,T R WADI FIGI PROPOSED FLOOR PLAN c ~/ STORAGE CATA i. OGI NG AREA